SESHAMBAL (DEAD) THROUGH L.RS.versusM/S. CHELUR CORPORATION CHELUR BUILDING AND ORS.

                           [2010] 2 S.C.R. 960

  A             SESHAMBAL (DEAD) THROUGH L.RS.
                                     v.
       M/S. CHELUR CORPORATION CHELUR BUILDING AND
                              ORS.
                 (Civil Appeal No. 565 of 2005)
  B                       FEBRUARY 17, 2010
           [MARKANDEY KATJU AND T.S. THAKUR, JJ.]

          Rent Control:
,C        Kera/a Buildings (Lease and Rent Control) Act, ·1965 -
    s. 11 (3) - Eviction petition ..... On ground of bonafide personal
    requirement - Dismissed by Rent Controller as also the
    Appellate Authority - Order upheld by High. Court -
    Meanwhile the original owners died - Their LRs, i.e. three
; D daughters sought eviction on .the basis of requirement
    pleaded by the original owners - Whether eviction
    proceedings could be continued by LRs of deceased-owners
    - Held: On facts, No - The limited requirement pleaded in
    the eviction petition by the original owners was their own
  E personal occupation and not occupation of their family
    members, dependant or otherwise - ·in. any event, the LRs of
    deceased-owners were all married and settled in their
    respective matrimonial homes in different cities and at
    different places - The deceased owners thus did not have any
  F dependant family member for whose P.ersonal occupation they
    could have sought eviction - On the death of original owners,
    their right to seek eviction on ground of personal occupation
    became extinct.
         Eviction suit - Dismissed by Rent Controller - ·Revision
 G petition - High Court affirmed the order of Rent Controller, but,
   noticing that the demised premises was large and located in
   a popular commercial area of the city, and also the fact that
   the rent had not been revised for number of years, it tentatively
   enhanced the rent - Held: The revision was not adequate -
 H                               960
   SESHAMBAL (DEAD) THROUGH L.RS. v. CHELUR                961
        CORPORATION CHELUR BUILDING

keeping in view the totality of the circumstances, rent further   A
revised by Supreme Court, albeit tentatively.

     Code of Civil Procedure, 1908 - Suit - Subsequent
development - Effect of - Held: If subsequent to the filing of
the suit, certain developments take place that have a bearing     8
on the right to relief claimed by a party, such subsequent
events cannot be shut out from consideration.

     The premises in dispute, located in the city of·
Cochin, was let out to respondent no.1. The original
owners of the premises filed petition before the Rent C
Controller seeking eviction of respondent no.1-tenant on
the ground that they required the same for their bonafide
personal_ occupation within the meaning of Section 11 (3)
of the Kerala Buildings (Lease and Rent Control) Act,
1965. The Rent Controller held that the owners had failed D
to establish their bonafide requirement of the premises.
The Appellate Authority affirmed the decision taken by the
Rent Controller.

    Aggrieved, the owners filed revision petition before          E
the High Court, which dismissed the same. However, the
High Court enhanced the rent of the premises to
Rs.10,0001- p.m. Meanwhile the original owners passed
away. Their LRs, i.e. three daughters sought eviction on
the basis of requirement pleaded by the original owners.
                                                                  F
    In appeal to this Court, dispute arose as to whether
the proceedings instituted by the deceased-ow11ers of the
demised property could be continued by their LRs.

     The LRs of deceased-owners contended that it was             G
permissible.for them to continue t~e eviction proceedings
and seek eviction of the tenant on the basis of the
requirement pleaded by the erstwhile owners in the
eviction petition filed by them; that the rights and
obligations of the parties got crystallized as on the date        H
    962      SUPREME COURT REPORTS             [201 OJ 2 S.C.R.

A of the filing of the petition and that the subsequent
  development of the death of original owners was
  irrelevant to the maintainability or continuance of the
  eviction proceedings after the death of the original
  owners.
B
          Disposing of the appeal, the Court

      HELD: 1.1. The eviction petition was filed in terms of
  Section 11 (3) of the Kera la Buildings (Lease and Rent·
  Control) Act, 1965. In the eviction petition the owners had
C pleaded their own requirement for the premises to be
  occupied by them for residential as well as commercial
  purposes. The eviction petition was totally silent about
  the requirements of any member of the family of the
  owners-petitioners leave alone any member of their family
D who was dependant upon them. That being so the
  parties went to trial before the Rent Controller on the
  basis of the case pleaded in the petition and limited to the
  requirement of the owners for their personal occupation.
  [Paras 8 and 9] [970-D; 971-D-E]
E
       1.2. Neither before the Rent Controller nor before the
  Appellate Authority was it argued that the requirement in
  question was not only the requirement of the petitioner-
  owners of the premises but also the requirement of any
  other member of their family whether dependant upon
F them or otherwise. Not only that, even in the petition filed
  before this Court the requirement pleaded was that for
  the d!3ceased-widowed owner of the demised premises
  and not of any member of her family. Super added to all
  this is the fact that the legal representatives who now
G claim to be the family members of the deceased are all
  married daughters of the deceased couple each one
  settled in their respective matrimonial homes in different
  cities and at different places. That none of them was
  dependant upon the deceased-petitioner is also an
H
    SESHAMBAL (DEAD) THROUGH L.RS. v. CHELUR             963
         CORPORATION CHELUR BUILDING

  undisputed fact. Even otherwise in the social milieu to       A
  which we are accustomed, daughters happily married
  have their own families and commitments financiai and
  otherwise. Such being the position it is difficult to see
  how the legal representatives of the deceased-owners
  can be allowed to set up a case which was never set up        B
  before the Courts below so as to bring forth a
  requirement that was never pleaded at any stage of the
  proceedings. Allowing the legal heirs to' do so would
  amount to permitting them to illltoduce a cas~ which is
  totally different from the one set up before the Rent         c
. Controller the Appellate Authority or even the High Court.
  [Para 9] [971-E-H; 972-A-C]
      1.3. The position may indeed have been differentiated
 if in the original petition the petitioner-owners had
 pleaded their own requirement and the requirement of           D
 any member of their family dependant upon them. In such
 a case the demise of the original petitioners or any one
 of them may have made little difference for the person for
 whose benefit and bona fide requirement the eviction
 was sought could pursue the case to prove and satisfy          E
 any such requirement. [Para 9] [972-C-E]
                                                -
     1.4. While it is true that the right to relief must be
judged by reference to the date suit or the legal
proceedings were instituted, it is equally true that if         F
subsequent to the filing of the suit, certain developments
take place that have a bearing on the right to relief
claimed by a party, such subsequent events cannot be
shut out from consideration. What the Court in such a
situation is expected to do is to examine the impact of the     G
said subsequent development on the right to relief
claimed by a party and, if necessary, mould the relief
suitably so that the same is tailored to the situation that
obtains on the date the relief is actually granted. [Para 1O]
[972-G-H; 973-A-B]
                                                                H
    964    SUPREME COURT REPORTS              [201 O] 2 S.C.R.


A        1.5. In the present case, the requirement pleaded in
    the eviction petition by the original petitioners was their
    own personal requirement and not the requirement of the
    members of their family whether dependant or otherwise.
    Indeed if the deceased landlords had any dependant
B member of the family, even in the absence of a pleading,
    it could be assumed that the requirement pleaded
    extended also to the dependant member of their family.
  · That unfortunately, for the appellants is neither the case
    set up nor the position on facts. The deceased couple did
c _not have any dependant member of the family for whose
    benefit they could have sought eviction on the ground ,
    that she required the premises for personal occupation.
    [Para 18] [977-B-E]

       1.6. On the death of the petitioners in the original
D eviction petition their right to seek eviction on the ground
  of personal requirement for the demised premises.
  became extinct and no order could on the basis of any
  such requirement be passed at this point of time. [Para
  19] [977-E-F]
E                .
       Pasupuleti Venkateswarlu v. Motor and General Traders
  1975 (1) SCC 770; Om Prakash Gupta v. Ranbir B. Goyal
  2002 (2) SCC 256; Hasmat Rai v. Raghunath Prasad 1981
  (3) SCC 103; Baba Kashinath Bhinge v.· Samast Lingayat
F Gavali 1994 Supp (3) SCC 698; Ramesh Kumar v. Kesho
  Ram 1992 Supp (2) SCC 623 and Kedar Nath Agrawal
  (dead) and Anr. v. Dhanraji Devi (dead) by LRs. and Anr.
  2004 (t~} sec 76, relied on.

      Shanti/al Thakordas v. Chimanlal Magan/al Telwala
G 1976 (4) SCC 417, distinguished.

        Shamshad Ahmad v. Tilak Raj Bajaj (2008 (9) SCC 1;
    Magan/al v. Nanasaheb 2008 (13) SCC 758; Pratap Rai
    Tanwani v.. Uttam Chand (2004 (8) SCC 490; Gaya Prasad
H
   SESHAMBAL (DEAD) THROUGH L.RS. v. CHELUR           965
        CORPORATION CHELUR BUILDING

v. Pradeep Srivastava (2001) 2 SCC 604; Kamleshwar A
Prasad v. Pradumanju Agarwal 1997 (4) SCC 413;
Shakuntala Bai v. Narayan Oas 2004 (5) SCC 772; G.C.
Kapoor v. Nand Kumar Bhasin 2002 (1) SCC 610; Pukhraj
Jain v. Padma Kashypa (1990 (2) SCC 431 and Phool Rani
& Ors. v. Naubat Rai Ahluwalia 1973 (1) SCC 688, referred . B
to.

     2~ There is one other aspect which must be adverted
to at this stage. The High Court had, while disposing of
the revision petition filed before it, come to the conclusion C
that the demised premises is large and located in a
popular commercial area of the city of Cochin. It has
found that the rent for the premises was very low and had
not been revised since the year 1973. The High Court
a'ccordingly revised the rent to Rs.10,000/- per month
payable w.e.f. 1.11.2003 onwards leaving it open to the q,,·
parties to get the fair rent determined for the demised
premises. During the pendency of this appeal, the
appellants had filed· an application seeking a direction
against the respondent for payment of rent @ Rs.50,000/
- per month. The application supported by an affidavit, E
inter-alia, alleges that the market rent of the premises in
question was not less than Rs.50,000/- per month as in
September 2005 when the application was filed. A
Valuation Certificate issued by a Chartered Engineer &
Approved Valuer, is also enclosed with the application, F
according to which the market value of the plot in
question was not less than Rs.7,00,000/- per cent and the
current market rent for the building not less than Rs.8/-
per square feet. As per the lease deed entered between
the deceased owners and the respondents, the premises G
in question is constructed over an area measuring about
20 cents. The covered area is said to be 5000 sq. ft. or
so. In the circumstances while the High Court was
justified in tentatively revising the rent for the premises,
the revision was not adequate. Keeping in view the H
        966      SUPREME COURT REPORTS                [2010] 2 S.C.R.


    A   totality of the circumstances, instead of Rs.10,000/-
        determined by the High Court, the respondents shall pay
        Rs.15,000/- per month towards rent w.e.f. 1.11.2003. The
        same shall stand revised to Rs.25,000/- per month w.e.f.
        1.1.2009. The revision ordered by this Court is also
    B   tentative and shall not prevent the parties from seeking
        determination of the fair rent for the premises by
        instituting proceedings before the competent Court/
        authority in accordance with law. [Paras 20 and 21] [977-
        F-H; 978-A-G]
    c                          Case Law Reference:
              2008 (9) sec 1            referred to         Para 6
              2008 (13) sec 758         referred to         Para 6

    D         2004 (8) sec 490          referred to         Para /6
              (2001) 2 sec 604          referred to         Para 6
              1997 (4) sec 413          referred to          Para 6
              2004 (5) sec 112          referred to         Para 6
    E
              2002 (1) sec 610         referred to          .Para 6
I             1975 (1) sec 110          relied on            Para 7
              2002 (2) sec 256          relied on            Para 7
    F
              1981 (3) sec 103          relied on           Para 7
              1994 supp (3) sec 698 relied on                Para 7
              1992 Supp (2) sec 623 relied on                Para 14
    G         2004 (8) sec 76           relied on            Para 16
              1976 (4) sec 417         distinguished         Para 17
              (1990 (2) sec 431         referred to          Para 17

    H         1973 (1) sec sa0          referred to          Para 18
    SESHAMBAL (DEAD) THROUGH L.RS. v. CHELUR                 967
         CORPORATION CHELUR BUILDING

      CIVIL APPELLATE JURISDICTION: Civil Appeal No. 565            A
 of 2005.

     From the Judgment & Order dated 17.2.2003 of the High
 Court of Kerala at Ernakulam in C.R.P.No. 558 of 1994 (F).

     K.V. Vishwanathan, Neha S. Verma, P.B. Subramanyan,            B
                         ' for the Appellants.
 Abhishek Kaushik, V. Mohan

      L. Nageswara Rao, Roy Abraham, Seema Jain, Himinder
 Lal for the Respondents.

      The Judgment of the Court was delivered by
                                                                    c
      T.S. THAKUR, J. 1. This appeal by Special Leave arises
 out of an order passed by the Hjgh Court of Kerala at Ernakulam
 whereby C.R.P. No.558 of 1994 has been dismissed and the
 orders passed by the Rent Controller and the Rent Control D
 Appellate Authority dismissing the eviction petition filed againsf- -
 the tenant wife affirmed. In a nutshell, the facts giving rise to
 the controversy are as under:

        2. Late Shri K. Sachindanda Iyer and his wife late Smt. A -E
   Sheshambal Sachindanda Iyer owners of the premises in
  dispute let out the same to respondent No.1 for a period of
  three years in terms of a lease dated 12th April, 1983. On the
, expiry of the lease period the owners filed RCP No.116 of 1986
  before the Rent Controller at Ernakulam seeking eviction of the F
  tenant-occupant on the ground that they required the same for
  their bona fide personal occupation within the meaning of
  Section 11 (3) of the Kerala Buildings (Lease and Rent Control
  Act), 1965. The prayer for eviction was opposed by the tenant,
  inter alia, on the ground that the owners did not require the
  demised premises and that the tenant would find it difficult to G
  shift its business to any other premises on account of non-
  availability of a suitable accommodation for being so. The Rent
  Controller eventually came to the conclusion that the owners had
  failed to establish their bona fide requirement of premises. The
  Rent Controller held that the owners had shifted their residence H
       968     SUPREME COURT REPORTS                 [2010] 2 S.C.R.


   A from Cochin and were living with their daughter and son-in-law
     who were running a nursing home in that city.

          3. Aggrieved by the order passed by the Rent. Controller,
     the owners appealed to the Appellate Authority who affirmed
     the decision taken by the Rent Controller holding that the owners
   8
     were residing with their daughter and son-in-law at Ernakulam
     in a building owned by the owners. The Appellate Authority also
     found that the owners had a cottage at Kodaikanal and that
     being fairly old had no reason to shift back to Ernakulam in
   C search of better medical facilities especially when their own
     son-in-law was running a nursing home at Coimbatore where
     such facilities were available to them. Absence of any medical
     evidence to show that the owners suffered from any illness was
     also cited as a ground for dismissal of the prayer for eviction.

   D       4. Aggrieved by the. orders passed by the Rent Controller
      and the Appellate Authority the owners brought up the matter
      before the High Court of Kerala in a revision with a view to have
    :,the concurrent findings recorded by the Courts below set aside.
      The High Court, as noted earlier, has refused to intervene in       1



/ E the matter and dismissed the revision petition. The High Court
      held that it was not expected to reappraise the evidence
      produced by the parties in the exercise of its revisional
      jurisdiction and that the. limited question that fell for its
      consideration was whether the procedure followed by the Rent
  F Controller and the Appellate Authority was illegal, irregular or
      improper. The High Court noted that the rent of the premises
      paid by the tenant had not been revised since the year 1973.
      The same was, therefore, enhanced to Rs.10,000/- p.m. w.e.f.
      1.11.2003 onwards with liberty to the parties to approach the
      competent Court for fixation of fair rent for the demised
  G premises. The present appeal, as seen earlier, calls in question
      the correctness of the above orders.

         5. It is not in dispute that during the pendency of the
    revision petition before the High Court the landlord Shri K.
  H Sachindanda Iyer passed away on 24th April, 1996 leaving
   SESHAMBAL (DEAD) THROUGH L.RS. v. CHELUR                    969
  CORPORATION CHELUR BUILDING [T.S. THAKUR, J.]

behind his wife Smt. A. Sheshambal Sachindanda Iyer as the            A
sole revision petitioner seeking eviction of the respondent-
tenant. Consequent upon the dismissal of the revision petition
the present appeal was filed by Smt. A. Sheshambal
Sachindanda Iyer alone who too passed away before this
appeal could be heard for final disposal. IA No.7/2008 filed on       B
14th November, 2008 sought substitution of the legal
representatives of the appellant on the basis of a Will left behind
by the deceased according to which the property in question
has to devolve upon the three daughters left behind by the
deceased. It is common ground that two of the daughters are           c
living in India one each at Coimbatore and Bihar the third
daughter is settled in America.

      6. The short question that was, in the above backdrop,
argued by learned counsel for the parties at considerable length .
was whether the proceedings instituted by the deceased:. D
owners of the demised property could be continued by the legal
 heirs left behind by them. Mr. K.V. Vishwanathan, learned
senior counsel, appearing for the legal heirs of the deceased-
appellant contended that it was permissible for the legal heirs
to continue the present proceedings and seek eviction of the · E
tenant on the basis of the requirement pleaded by the erstwhile
owners in the eviction petition filed by them. The rights and
obligations of the parties, argued Mr. Vishwanathan, get
crystallized as on the date of the filing of the petition. Any
subsequent development, according to the learned counsel, F
would be irrelevant to the maintainability or the continuance of
the proceedings after the death of the original petitioners.
Reliance in support of that submission was placed by the
learned counsel upon the decisions of this Court in Shamshadc ·
Ahmad v.~. Tilak Raj Bajaj (2008 (9) SCC 1), Magan/al·~~:- - '(3
Nanasaheb (2008 (13) SCC 758), Pratap Rai Tanwani vs.·
Uttam Chand (2004 (8) SCC 490), Gaya Prasad vs. Pradeep
Srivastava (2001 (2) SCC 604), Kamleshwar Prasad vs.
Pradumanju Agarwal (1997 (4) SCC 413), Shakuntala Bai vs.
Narayan Das (2004 (5) SCC 772), G. C. Kapoor vs. Nand H

                                                                          .,
              970      SUPREME COURT REPORTS                  [2010] 2 S.C.R.


          A   Kumar Bhasin (2002 (1) SCC 610) and Shanti/al Thakordas
              vs. Chimanlal Magan/al Telwa/a (1976 (4) SCC 417).

                 7. On behalf of the respondent-tenants Mr. L. Nageswara
            Rao, learned senior counsel, placed he~y reliance on the
            decisions of this Court in Pasupu/eti Venkateswarlu vs. Motor
          8
            and General Traders (1975 (1) SCC 770), Om Prakash Gupta
            vs. Ranbir B. Goyal (2002 (2) SCC 256), Hasmat Rai vs.
            Raghunath Prasad (1981 (3) SCC 103) and Baba Kashinath
            Bhinge vs. Samast Lingayat Gavali (1994 Supp (3) SCC 698).
          C It was argued by Mr. Rao that the legal position as to whether
            the Court could take note of the subsequent developments
            stood s~ttled by the above decisions which left no manner of
            doubt that all such developments as have an impact on the
            rights and obligations of the parties must be taken into
            consideration by the Court and the relief suitably moulded.
      "   D
;,.              8. The eviction petition, as noted earlier, was filed in terms '
            of Section 11 (3) of the Kerala Buildings (Lease and Rent
            Control Act), 1965, which reads:

                    "Section 11 (3): A landlord may apply to the Rent Control
          E
                    Court for an order directing the tenant to put the landlord
                    in possession of the building if he bona fide needs the
                    building for his own occupation or for the occupation by
                    any member of his family dependent on him.

          F               Provided that the Rent Control Court shall not give
                    any such direction if the landlord has another building of
                    his own in his possession in the same city, town or village
                    except where the Rent Control Court is satisfied that for
                    special reasons, in any particular case it will be just and
          G         proper to do so;

                    Provided further that the Rent Control Court shall not give
                    any direction to a tenant to put the landlord in possession,
                    if such tenant is depending for his livelihood mainly on the
                    income derived from any trade or business carried on in
          H
    SESHAMBAL (DEAD) THROUGH L.RS. v. CHELUR                    971
   CORPORATION CHELUR BUILDING [T.S. THAKUR, J.]

      such building and there is no other suitable building            A
      available in the locality for such p~rson to carry on such
      trade or business:

              Provided further that no landlord whose right to
      recover possession arises under an instrument of transfer
                                                                       8
      inter vivos shall be entitled to apply to be put in possession
      until the expiry of one year from the date of the instrument:

             Provided further that if a landlord after obtaining an
      order to be put in possession transfer his rights in respect
      of the building to another person, the transferee ,shall not     C
      be entitled to be put in possession unless he proves that
      he bona fide needs the building for his own occupaiion or
      for the occupation by any member of his family dependent
      on him."
                                                                       o,·
        9. It is not in dispute that in the eviction petition the owners.
  had pleaded their own requirement for the premises to be
  occupied by them for residential as well as commercial
  purposes. The eviction petition was totally silent about the
  requirements of any member of the family of the owners-
  petitioners leave alone any member of their family who was E
  dependant upon them. That being so the parties went to trial
  before the Rent Controller on the basis of the case pleaded in
  the petition and limited to the requirement of the owners for their
_.personal occupation. Neither before the Rent Controller nor
  before the Appellate Authority was it argued that the · F
  requirement in question was not only the requirement of the
  petitioner-owners of the premises but also the requirement of
 any other member of their family whether dependant upon them
 or otherwise. Not only that, even in the petition filed before this
 Court the requirement pleaded was that for the deceased- G
 widowed owner of the demised premises and not of any
 member of her family. Super added to all this is the fact that
 the legal representatives who now claim to be the family
 members of the deceased are all married daughters of the
 deceased couple each one settled in their respective H
    972      SUPREME COURT REPORTS                   [2010] 2 S.C.R.


A matrimonial homes in different cities and at different places.
    That none of them was dependant upon the deceased-
    petitioner is also a fact undisputed before us. Even otherwise
    in the social milieu to which we are accustomed, daughters
    happily married have their own families and commitments
8 financial and otherwise. Such being the position we find it
    difficult to see how the legal representatives of the deceased-
    appellant can be allowed to set up a case which was never set
    up before the Courts below so as to bring forth a requirement
    that was never pleaded at any stage of the proceedings.
C Allowing the legal heirs to do so would amount to permitting
    them to introduce a case which is totally different from the one
    set up before the Rent Controller the Appellate Authority or even
  ; the High Court. The position may indeed have been
    differentiated if in the original petition the petitioner-owners had
    pleaded their own requirement and the requirement of any
D ·member of their family dependant upon them. In such a case
    the demise of the original petitioners or any one of them may
    have made little difference for the person for whose benefit and
    bona fide requirement the eviction was sought could pursue the
    case to prove and satisfy any such requirement.
E
          10. Confronted with the above position Mr. Vishwanathan
    made in generous submission. He contended that the rights
    and obligations of the parties get crystalized at the time of
    institution of the suit so that any subsequent development is not
F only inconsequential but wholly irrelevant for determination of
    the case before this Court. Learned counsel sought to extend
    that principle to the case at hand in an attempt persuade us to
    shut out the subsequent event of the death of the original
    petitioners from consideration. We regret to say that we do not
G see any basis for the submission so vehemently urged before
    us by Mr. Vishwanathan. While it is true that the right to relief
    must be judged by reference to the date suit or the legal
    proceedings were instituted, it is equally true that if subsequent
    to the filing of the suit, certain developments take place that
H have a bearing on the right to relief claimed by a party, such
   SESHAMBAL (DEAD) THROUGH L.RS. v. CHELUR                       973
  CORPORATION CHELUR BUILDING [T.S. THAKUR, J.]

subsequent events cannot be shut out from consideration. What             A
the Court in such a situation is expected to do is to examine
the impact of the said subsequent development on the right to
relief claimed by a party and, if necessary, mould the relief
suitably so that the same is tailored to the situation that obtains
on the date the relief is actually granted. That proposition of law       B
is, in our view, fairly settled by the decisions of this Court in
Pasupuleti Venkateswarlu case (supra). Krishna Iyer J. (as His
Lordship then was) has in his concurring judgment lucidly
summed up legal position in the following words:

    " .................... If a fact, arising after the lis has come to
                                                                          c
    court and has a fundamental impact on the right to relief
    or the manner of moulding it, is brought diligently to the
    notice of the tribunal, it cannot blink at it or be blind to
    events which stultify or render inept the decretal remedy.
    Equity justifies bending the rules of procedure, where no             D
    specific provision or fairplay is violated, with a view to
    promote substantial justice - subject, of course, to the
    absence of other disentitling factors or just circumstances.
     Nor can we contemplate any limitation on this power to
    take note of updated facts to confine it to the trial court. If       E
    the litigation pends, the power exists, absent other special
    circumstances repelling resort to that course in law or
    justice. Rulings on this point are legion, even as situations
    for applications of this equitable rule are myriad. We affirm
    the proposition that for making the right or remedy claimed           F
    by the party just and meaningful as also legally and
    factually in accord with the current realities, the Court can,
    and in many cases must, take cautious cognisance of
    events and developments subsequent to the institution of
    the proceeding provided the rules of fairness to both sides           G
    are scrupulously obeyed ............. "

     11. To the same effect is the decision of this Court in Om
Prakash Gupta's case (supra) where the Court declared that
although the ordinary rule of civil law is that the rights of the
                                                                          H
     974       SUPREME COURT REPORTS                      [2010] 2 S.C.R.


A    parties stand crystalised on the date of the institution of the suit
     yet the Court has power to mould the relief in case the following
     three conditions are satisfied:

           "........ (1) that the relief, as claimed originally has, by reason
           of subsequent events, become inappropriate or cannot be
 B
           granted; (it) that taking note of such subsequent event or
           changed circumstances would shorten litigation and
           enable complete justice being done to the parties; and (iii)
           that such subsequent event is brought to the notice of the
           court promptly and in accordance with the rules of
 c         procedural law so that the opposite party is not taken by
           surprise ...... "

        12. In Hasmat Rai's case (supra), this Court observed that
  if the tenant is in a position to show that the need or requirement
D no more exists because of subsequent events, it would be
  open to him to point out such events and the court, including
  the appellate court, has to examine, evaluate and adjudicate
  upon the same.                                                 "'

E        13. To the same effect is the decision of this Court in Baba
    Kashinath Bhinge's case (supra) where relying upon the
    decision in Hasmat Rai's case (supra) this Court held that in a
    case of bona fide requirement it is necessary to establish that
    the landlord needs the premises and the need subsists till a
    decree is passed in his favour. In a case where such need is
  F available at the time of the filing of the petition but becomes
    extinct by the time the matter attains finality in appeal for
    revision no decree will be justified. For that purpose the Court
    should take all the subsequent events into consideration and
    mould the relief accordingly. Following passage provides a
. G complete answer .to the question raised before us:

           "Equally it is settled by this Court in series of judgments
           and a refererce in this behalf would be sufficient by citing
           Hasmat Rai v. Raghu Nath Prasad that in a case of bona
H          fide requirement, it is always necessary, till the decree of
       SESHAMBAL (DEAD) THROUGH L.RS. v. CHELUR                  975
      CORPORATION CHELUR BUILDING (TS. THAKUR, J.]

        eviction is passed that the landlord should satisfy that the A
        need is bona fide and the need subsists. In a case where
        the need is available at the time of filing the petition, but
        at the time of granting decree it may not continue to
        subsist, in that event, the decree for eviction could not be
        made. Similarly pending appeal or revision or writ B
        petition, the need may become more acute. The court
        should take into account all the subsequent events to mould
        the relief. The High Court may not be justified in omitting
        to consider this aspect of the matter but that does not
      , render the judgment illegal for the subsequent discussion c
        we are going to make."

                                                (emphasis supplied)

          14. Reference may also be made to Ramesh Kumar vs.
I   Kesha Ram (1992 Supp (2) sec 623) where Venkatachaliah,              D
    J. (as His Lordship then was) expressed a similar view in the
    following words:

         "The normal rule is that in any litigation the rights and
         obligations of the parties are adjudicated upon as they         E
         obtain at the commencement of the lis. But this is subject
         to an exception. Wherever subsequent events of fact or law
         which have a material bearing on the entitlement of the
       · parties to relief or on aspects which bear on the moulding
         of the relief occur, the court is not precluded from taking a   F
         'cautious cognizance' of the subsequent changes of fact
         and law to mould the relief."

         15. Similarly, in Maganlal's case (supra) all that this Court
    held was that if the litigation keeps extending and number of
    developments sprouting up during the long interregnum, the G
    Court should adopt a pragmatic approach in the matter and
    determine whether or not the development pending finalization
    of the litigation is such as would completely non-suit the party
    concerned. This decision is, in our view, no authority for this
    proposition that subsequent developments having material H
        976          SUPREME COURT REPORTS              [2010] 2 S.C.R.


    A   impact on the rights and obligations of the partie·s can be
        ignored by a Court simply because such rights and obligations
        have to be determined by reference to the date on which the
        litigation was instituted.

              16. The decision of this Court in Kedar Nath Agrawal
    8
        (dead) and Anr. vs. Dhanraji Devi (dead) by LRs. and Anr.
        (2004 (8) sec 76) has reiterated the legal position after a
        detailed review of the case law on the subject. That was also
        a case where two applicants seeking eviction of the tenant had
        passed away during the pendency of the eviction petition and
    C   t.h.e question was whether the three married daughters left
        behind by the couple could continue with the same. This Court
        observed:

              "31. In view of the settled legal position as also the
    D         decisions in Pasupuleti Venkateswarlu 5 and Hasmat Rai 1 ,
              in our opinion, the High Court was in error in not
              considering the subsequent event of death of both the
              applicants. In our view, it was power as well as the duty of
              the High Court to consider the fact of death of the
    E         applicants during the pendency of the writ petition. Since
              it was the case of the tenant that all the three daughters
              got married and were staying with their in-laws, obviously,
              the said fact was relevant and material.. ... "

             17. The decisions of this Court in Pratap Rai Tanwani's
    F   case (supra), Gaya Prasad's case (supra), Kamleshwar
        Prasad's case (supra), Shakuntala Bai's case (supra), G.C.
        Kapoor's case (supra), and Shanti/al Thakordas vs. Chimanlal
        Magan/al Telwala (1976 (4) SCC 417), Pukhraj Jain vs.
        Padma Kashypa (1990 (2) SCC 431) do not, in our opinion,
    G   lend any support to the proposition that subsequent
i       developments cannot be noticed by the Court especially when
        such developments have an impact on the right of a party- to
        the relief prayed for.

    H         18. We may in particular refer to the decision of this Court

           --~Hor ---· .... ~---   '
  SESHAMBAL (DEAD) THROUGH L.RS. v. CHELUR                    977·
 CORPORATION CHELUR BUILDING [TS. THAKUR, J.]

in Shanti/al Thakordas's case (supra) in which this Court had A
overruled the earlier decision rendered in Phool Rani & Ors.
vs. Naubat Rai Ahluwalia (1973 (1) SCC 688) and held that
the law permitted the eviction of the tenant for the requirement
of the landlord for occupation of the landlord as residence for
himself and members of his family and that such a requirement B
was both of the landlord and the members of his family so that
upon the death of this landlord the right to sue survived to the
members of the family of the deceased. That is not the position
in the instant case. As noticed earlier, the requirement pleaded
in the eviction petition by the original petitioners was their own   c .
personal requirement and not the requirement of the members
of their family whether dependant or otherwise. Indeed if the
deceased landlords had any dependant member of the family
we may have even in the absence of a pleading assumed that
the requirement pleaded extended also to the dependant 0
member of their family. That unfortunately, for the appellants is
neither the case set up nor the position on facts. The deceased
couple did not have any dependant member of the family for
whose benefit they could have sought eviction on the ground
that she required the premises for personal occupation.
                                                                      E
      19. In the light of what we have stated above, we have no
hesitation in holding that on the death of the petitioners in the
original eviction petition their right to seek eviction on the ground
of personal requirement for the demised premises became
extinct and no order could on the basis of any such requirement F
be passed at this point of time.

      20. There is one other aspect to which we must advert at
this stage. The High Court had, while disposing of the revision
petition filed be{ore it, come to the conclusion that the demised G
premises is large and located in a popular commercial area of
the city of Cochin. It has found that the rent for the premises was
very low and had not been revised since the year 1973. The
High Court accordingly revised the rent to Rs.10,000/- per
month payable w.e.f. 1.11.2003 onwards leaving it open to the H
    978      SUPREME COURT REPORTS                  [2010] 2 S.C.R.


A   parties to get the fair rent determined for the demised premises ..

          21. During the pendency of this appeal, the appellants had
    filed an application seeking a direction against the respondent
    for payment of rent @ Rs.50,000/- per month. The application
    supported by an affidavit, inter-alia, alleges that the market rent
8
    of the premises in question was not less than Rs.50,000/- per
    month as in September 2005 when the application was filed.
    A Valuation Certificate issued by Shri K. Radhakrishnan Nair,
    Chartered Engineer & Approved Valuer, is also enclosed with
C   the application, according to which the market value of the plot ·
    in question was not less than Rs.7,00,000/- per cent and the
    current market rent for the building not less than Rs.8/- per .
    square feet. As per the lease deed entered between the
    dece.ased owners and the respondents, the premises in
    question is constructed over an area measuring about 20 cents.
D   The covered area is said to be 5000 sq. ft. or so. In the
    circumstances while the High Court was justified in tentatively
    revising the rent for the premises, the revision was not, in our
    opinion, adequate. Keeping in view the totality of the
    circumstances, we are of the view that instead of Rs.10,000/-
E   determined by the High Court, the respondents shall pay
    Rs.15,000/- per month towards rent w.e.f. 1.11.2003. The same
    shall stand revised to Rs.25,000/- per month w.e. f. 1.1.2009.
    The differential amount thus payable shall be deposited by the
    respondents before the Rent Controller within six months from
F   today whereupon the Rent Controller shall take steps to
    disburse the same to the appellants, the current owners of the
    premises. Needless to say that the revision ordered by us is
    also tentc.t;ve and shall not prevent the parties from seeking
    determination of the fair rent for the premises by instituting
G   proceedings before the competent Court/authority in
    accordance with law.

         22. With the above modification, this appeal is disposed
    of leaving the parties to bear their own costs.

H . B.B.B.                                     Appeal disposed of.