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1990 Supreme(Ker) 203

RAMAKRISHNAN
George – Appellant
Versus
Peter – Respondent


Judgment :-

Whether the destruction of a shop room leased out on rent would automatically terminate the lease and put an end to the landlord-tenant relationship, is the question arising for decision in this Second Appeal.

2. The appellant-plaintiff filed the suit, alleging that he is the tenant of a shop room owned by the respondent-defendant and used by him as a go down and described as such in the plaint schedule. The shop room was situated in Ward No. X of Trichur Municipality. There is no dispute about the entrustment of the shop room to the plaintiff as a tenant for a rent of Rs.130/- per month some 23 years before the date of the suit. The plaintiff filed the suit on the allegation that while he was using the shop room as a go down for storing indigenous medicines for his trade, it was deliberately pulled down by the Municipal authorities on the night of 7-11-1981 at the active instigation of the defendant who is the Councilor of the Municipality from Ward No.X. There was a notice issued by the Municipality directing that the building is in a dilapidated condition and that it is dangerous to keep it in that condition. According to the plaintiff, it was a ruse adopted by the de



































































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