VANNATTANKANDY IBRAYI vs KUNHABDULLA HAJEE

The Supreme Court held that under Section 108(B)(e) of the Transfer of Property Act, the tenancy does not automatically extinguish upon the destruction of the premises by natural calamity, but the tenant must seek the landlord's permission to construct a new structure. The Court affirmed the High Court's ruling that the tenancy was extinguished due to total destruction, allowing the landlord to recover possession of the land. The Court emphasized that unauthorized construction by the tenant without consent is not permissible.