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july 2014

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.

M/S Shaha Ratansi Khimji & Sons vs Proposed Kumbhar Sons Hotel P.Ltd.& Ors · Niyam