Vinay Raghunath Deshmukh v. Natwarlal Shamji Gada 2026 INSC 416 - Tenancy Law - Bonafide Need - Death Of Original Landlord
On the death of the original landlord, whether his bonafide need would come to an end ?
Tenancy Laws - On the death of the original landlord, whether his bonafide need would come to an end and whether his/her legal heir would not be able to seek eviction on the basis of their bonafide need? The same would depend on the facts and circumstances of each case. The principle that the rights of the parties have to be adjudicated keeping in mind the rights existing at the commencement of the lis. Where however subsequent events having a material bearing on the entitlement of the parties to relief occur, the Court is not precluded from taking cognizance of the same and moulding the relief in accordance with law. (Para 17)
Code of Civil Procedure 1908 - Order XLI Rule 25 - Appellate Court's power to frame an issue so as to “determine any question of fact which appears to the Appellate Court essential to the right decision of the suit upon the merits.” Such power can be exercised by the Appellate Court if it appears to it essential to the right decision of the suit on merits. It has to be exercised in the facts and circumstances of the case when found necessary by the Appellate Court for arriving at a right decision in the suit. (Para 18)
Constitution of India - Article 227- In exercise of such jurisdiction, it would not be open for the High Court to review or reassess the material that was taken into consideration by the Court while passing the impugned order. (Para 16)
Case Info
Basic Case Details
Case name: Vinay Raghunath Deshmukh v. Natwarlal Shamji Gada and Another
Neutral citation: 2026 INSC 416
Coram:Hon’ble Mr. Justice J. K. MaheshwariHon’ble Mr. Justice Atul S. Chandurkar (author of the judgment)
Date of judgment: April 24, 2026
Case Laws & Citations Referred
- Raj Kumar Bhatia v. Subhash Chander Bhatia, 2017 INSC 1240
- Sadhna Lodh v. National Insurance Co. Ltd., (2003) 3 SCC 524
- Pasupuleti Venkateswarlu v. The Motor & General Traders, 1975 INSC 75
Statutes / Laws Referred
- Constitution of India – Article 227
- Code of Civil Procedure, 1908 –
- Order VI Rule 17 (amendment of pleadings)
- Order XLI Rule 25 (framing issues and remitting them for trial)
Three‑Sentence Brief Summary
The Supreme Court held that the Bombay High Court, while exercising supervisory jurisdiction under Article 227, erred in setting aside the Appellate Bench’s order permitting amendment of the plaint to bring on record the bona fide need of the deceased landlord’s legal heirs. It ruled that the High Court wrongly went into the merits of the amendment and misread the original pleadings, which had in fact referred to the landlord’s need and that of his family members, and reiterated that courts can take note of subsequent events and mould relief accordingly. Restoring the Appellate Bench’s order, the Court directed that the amended issue of bona fide requirement be tried by the Trial Court, clarifying that it had not examined the parties’ claims on merits.
