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1972 Supreme(Bom) 25

K.K.DESAI, G.N.VAIDYA
Krishna Laxman Yadav and Ors – Appellant
Versus
Narsinghrao Vithalrao Sonawane and Anr – Respondent


Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. A contractual tenancy persists even after the destruction of the premises, and the tenant retains the right to occupy the newly constructed premises at the same location as the original premises [judgement_subject] (!) .

  2. When a landlord constructs a new building on the same land as the damaged or destroyed old building, the existing tenants, as contractual tenants, are entitled to become tenants of the new premises or tenements situated approximately at the same locations as their original tenements [judgement_subject] (!) .

  3. The destruction of a building does not automatically terminate the tenancy rights of the tenant, provided the tenancy was not terminated through proper legal means such as notice to quit [judgement_subject] (!) .

  4. Tenants who are willing to perform their contractual obligations are entitled to seek specific performance of their rights, including the right to occupy the new premises constructed by the landlord [judgement_subject] (!) .

  5. The right of occupation is an incidental part of the tenancy contract, and this right continues unless explicitly terminated through lawful procedures. The mere destruction of the premises does not extinguish the tenancy rights if the tenancy was not legally terminated [judgement_subject] (!) .

  6. The jurisdiction of the Court of Small Causes is competent to decide disputes related to tenancy rights, including those arising from the destruction and reconstruction of premises, provided the relationship of landlord and tenant is established [judgement_subject] (!) .

  7. The suit filed by tenants claiming their rights to occupy rebuilt premises is valid and not barred by misjoinder of parties, as the core issue relates to their tenancy rights arising from the same transaction of destruction and reconstruction [judgement_subject] (!) .

  8. The existence of new construction on the land does not negate the tenants' rights to occupy the premises, especially when the tenants are willing to perform their contractual obligations and the reconstruction aligns with their original rights [judgement_subject] (!) .

  9. The law recognizes that tenants' rights to reoccupy or claim possession of premises, even if the original building is destroyed, are protected provided they have not been lawfully terminated and are willing to fulfill their contractual obligations [judgement_subject] (!) .

  10. The appellate decree was set aside, and the original trial court’s decree was restored, affirming the tenants’ rights to occupy the reconstructed premises based on their contractual tenancy and the ongoing relationship between the parties [final_decision].

These points reflect the legal principles and factual findings from the document, emphasizing that destruction of premises does not automatically terminate tenancy rights if proper legal procedures are not followed, and tenants have a right to occupy reconstructed premises under certain conditions.


JUDGMENT - K.K. Desai, J.

1. This is a petition on behalf of the original plaintiffs in Small Causes Court Civil Suit No. 1543 of 1962 instituted at Poona. Respondent No. 1 is the original defendant-landlord.

2. The Respondent No.1 owns a house bearing City Survey No. 24 situate at Somwar Peth, Poona. The house consisted of different small tenants on the ground and two floors. The Petitioners Nos. 1 to 7 occupied different tenements at monthly rents. In consequence of the Panshet floods which occurred on 12th July 1961, the house was flooded with waters and excessively damaged. By a notice given in August 1961, the Municipal Corporation of Poona directed the Respondent No.1 to remove first and second floors of the house as being dangerous to human life. The tenants claimed that the notice should be withdrawn but the Corporation refused to withdraw the notice. A large part of the house fell down in November 1961 and the Municipal Corporation ultimately removed the house to level of the plinth and called upon the Respondent No.1 to remove the debris. After the debris was removed, the Respondent No.1 completed the formalities of having a plan sanctioned and commenced to construct a new
































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