Supreme Court of India · 2014-07-10
M/S Shaha Ratansi Khimji & Sons vs Proposed Kumbhar Sons Hotel P.Ltd.& Ors
- Citation / case number
- AIR 2014 SUPREME COURT 2895
- Court
- Supreme Court of India
- Petitioner
- M/S Shaha Ratansi Khimji & Sons
- Respondent
- Proposed Kumbhar Sons Hotel P.Ltd.& Ors
- Bench
- Dipak Misra, Sudhansu Jyoti Mukhopadhaya, R.M.Lodha
Judgment text excerpt
The Supreme Court addressed the issue of tenancy rights under the Kerala Buildings (Lease and Rent Control) Act, affirming that tenancy is not extinguished by the destruction of the leased premises. The Court held that the doctrine of frustration does not apply when the land remains, thus maintaining the lease despite the building's destruction. The appeal was dismissed, upholding the High Court's decision that the appellant's tenancy rights had lapsed due to the respondent's actions.