M/S SHAHA RATANSI KHIMJI & SONS vs PROPOSED KUMBHAR SONS HOTEL P.LTD.

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 premises due to natural calamities, as established in Vannattankandy Ibrayi Vs. Kunhabdulla Hajee [(2001) 1 SCC 564]. The Court distinguished this from Lakshmipathi & Ors. Vs. R.Nithyananda Reddy & Ors. [(2003) 5 SCC 150], which held that a lease persists even if the building is destroyed, provided the land remains. The appeal was dismissed, upholding the lower courts' findings that the appellant's tenancy rights had lapsed.