Published on: December 15, 2023 at 11:20 IST
Court: Supreme Court of India
Citation: Ashok Kumar V. Ved Prakash (2010)
Honourable Supreme Court of India has held that Death of the Landlord does not abates Rent Eviction Petition such that the ground of “Bonafide” requirements is decimated with the death. It is held that the Legal Heir would replace the demised landlord and the Eviction Petition would always be in force.
25. It is not in dispute that the original landlord died, as noted herein, during the pendency of the civil revision case in the High Court. There is a faint argument of the learned counsel for the appellant that on such date, the requirement of the landlord had perished. In our view, there is no merit in this submission of the learned counsel for the appellant. Looking at the averments made in the eviction petition, where the original landlord has categorically pleaded that the requirement was for his son who presently is the landlord because of the death of the original plaintiff, the question of abatement of the eviction proceeding cannot arise at all. That apart, the submission so made before us by the learned counsel for the appellant was not even raised by the appellant before the High Court where the original landlord died and the present respondents have been substituted in his place.
Drafted By Abhijit Mishra