Eviction--Bonafide Need--Death of Landlord Does Not Extinguish Eviction Claim --Legal Heirs Can Seek Amendment to Include Their Own Need
Death of a landlord does not automatically extinguish an eviction claim founded on bonafide need; legal heirs may amend the plaint to include their own requirements, particularly where the original plaint already encompassed the needs of family members. Courts considering a prayer for amendment cannot examine the merits of the proposed amendment or the likelihood of its success at trial. Under the doctrine of moulding relief, courts must take cognisance of subsequent events that have a fundamental impact on the right to relief, to ensure that the remedy remains just and meaningful.
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