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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 2908 1999

Appeal (civil) 2909 1999

PETITIONER:

VANNATTANKANDY IBRAYI

Vs.

RESPONDENT:

KUNHABDULLA HAJEE

DATE OF JUDGMENT: 13/12/2000

BENCH:

V.N.Khare, S.N.Phukan

JUDGMENT:

L.....I.........T.......T.......T.......T.......T.......T..J

J U D G M E N T

KHARE, J.

In these appeals, two questions that arise for

consideration are these - (a) whether the tenancy in respect

of the premises governed by The Kerala Buildings (Lease and

Rent Control) Act (hereinafter referred to as the State

Rent Act) is extinguished by destruction of the subject

matter of tenancy i.e. the premises by natural calamities

and (b) on the destruction of property whether the civil

court has jurisdiction to entertain and try the suit for

recovery of possession of land brought by the landlord. The

case in brief is that the predecessor-in-interest of the

respondent landlord let out a shop to the

defendant-appellant herein. The said shop was raised to the

ground due to accidental fire on 9.1.1990 and there remained

only the vacant land.