1. How a calamity can turn out to be a windfall? This case is illustrative of a tenacious tenant's attempts to take advantage of a a disaster which incinerated his shop. According to him, the building leased out to him (in respect of which an order of eviction is in force) was destroyed in fire during acts of vandalism and rioting indulged in by unruly mob which rocked Chalai Bazaar (in Trivandrum) in 1982. His further case is that he put up a new structure in that place. Now he contends that the order of eviction has become infructuous since the building itself has gone out of existence. Though the said contention was repelled by the execution court, the District Judge in revision under S.14 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') directed the execution court to afford en opportunity to the tenant to prove that a new building has been constructed by him. This revision is by the decree holder-landlord challenging the aforesaid order of the District Court.

2. The following facts are necessary for appreciating the rival contentions raised in this revision: The Rent Control Court pasted an order of eviction against the tenant as per