Supervening facts in eviction cases may be considered on appeal when they materially affect the right to relief.

Supervening facts may be considered in eviction litigation where they materially affect the right to relief, even if they arise after institution of proceedings, provided fairness to both sides is preserved. The court's power to mould relief is not confined to the trial stage and extends to appellate and revisional proceedings, because an appeal is treated as a rehearing. Later acquisition of alternative non-residential accommodation by the landlord was therefore relevant to the statutory requirement under Section 10(3)(iii), and the High Court was entitled to take that development into account. The appeal was partly allowed and the relief was correspondingly modified.

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Issues: Whether the court could take account of events arising after institution of the eviction proceedings and whether the relief granted by the High Court could be interfered with.

Analysis: The right to relief is judged at the date of institution, but if supervening facts materially affect that right and are brought to the court's notice, the court may and, where justice requires, must take cautious cognisance of them while moulding relief, provided fairness to both sides is maintained. The power is not confined to the trial court and extends to appellate and revisional proceedings, since an appeal is in the nature of a rehearing. The landlord's later acquisition of another non-residential accommodation directly affected the statutory requirement under Section 10(3)(iii), and the High Court was entitled to consider that development.

Conclusion: The court upheld the consideration of subsequent events, but modified the ultimate relief by partly allowing the appeal and limiting the scope of further proceedings.

Ratio Decidendi: In appellate or revisional proceedings, a court may take into account supervening facts that materially affect the right to relief and may mould the relief accordingly, so long as procedural fairness is preserved.

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