Suit for eviction – Effect of sale of premises by owner during pendency of suit – Order 22 Rule 10  of CPC – Procedure in case of assignment before final order in the suit –

Suit for eviction – Effect of sale of premises by owner during pendency of suit – Order 22 Rule 10  of CPC – Procedure in case of assignment before final order in the suit –

In 2010, the plaintiff-landlord filed eviction suit under Section 16(1)(a) and (b) of the Maharashtra Rent Control Act, 1999, for erection of permanent structure on suit premises without landlord’s consent. Therefore, the eviction suit for bona fide requirement. 

The defendant-tenant filed written statement and contested the suit. Issues were framed and evidence was recorded.

On 18.3.2021, the tenant filed application for rejection of the plaint on the ground that the landlord sold the building on 18.9.2019 and the relationship of landlord had come to an end.

The learned Single Judge of the Small Causes Court by the order dated 1.9.2021 allowed the application and dismissed the suit.

This was set-aside by the Appellate Bench by the judgment dated 20.12.2022.

HELD that it would always be open for the original plaintiff / erstwhile owner to continue the suit for eviction for the benefit of new owner, when the new owner is aware about the pendency of such suit.

It would have been a totally different case if the suit was filed for bona fide requirement and in that case, the need would have ended on sale of the suit premises during eviction proceedings.

Rule 10 of Order XXII of CPC does not provide for rejection of the plaint or dismissal only because the assignee did not file application for leave of the Court to continue with the suit.   The proceedings would continue by or against the original party though he ceased to have any interest.

Judgment dated 29.11.2023 in Civil Writ Petition No.1725 of 2023 of Ratnamala Mohan Aklujkar Vs. Smt. Sushila Nirmalkumar Rungta and others.