Скачать или смотреть Effect of Death of the Owner during eviciton procedings for own use of the builidng.

On the death of the landlord, the legal representatives or heirs can succeed only if they show that the need survives and that the need projected is their need also. In the case on hand, the specific case is that the petition schedule building is bona fide required for the petitioner and his family for their own occupation. It is alleged that the petitioner and his family are residing in a rental building. Therefore, the need projected is not only of the petitioner but also of his family. It is true that after the death of the original petitioner, the pleadings in the petition have not been amended. However, that does not seem necessary because the need projected is not the need of the petitioner alone but the need of his family also. The respondent/tenant does not have a case that the additional petitioners are not the wife and children of the original petitioner. No evidence has been brought into show that the wife and children have acquired any other building in the city. Therefore, when the need alleged is that of the petitioner and his family, it cannot be stated that the death of the original petitioner has resulted in the need coming to an end.

K.RAVEENDRANATHAN NAIR v. Komalambal in RCR. NO. 221 OF 2016

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