VANNATTANKANDY IBRAYI versus KUNHABDULLA HAJEE

VANNATTANKANDY IBRAYI versus KUNHABDULLA HAJEE

Under the Kerala Buildings (Lease and Rent Control) Act, if the subject matter of tenancy (the building) is completely destroyed by natural calamity, the tenancy stands extinguished and the tenant cannot claim to remain on the land; the Act does not apply to the vacant land, and the only remedy for the landlord is to approach civil courts for recovery of possession. Section 108(B)(e) of the Transfer of Property Act has no application where the premises governed by State Rent Act are destroyed. Dismissal of special leave petition without reasons has no precedent value.

Parties
Appellant/defendant: Vannattankandy Ibrayi; Respondent/plaintiff: Kunhabdulla Hajee
Jurisdiction
India
Judgment Date
13 December 2000
Procedural Posture
Civil Appellate / Appeal From Kerala High Court Judgment and Order Dated 20.5.1998 in Second Appeal Nos. 327 and 334 of 1997
Outcome
Appeals dismissed
Legal Topics
Destruction of Leased Premises, State Rent Act Applicability, Civil Court Jurisdiction, Tenancy Extinguishment
Rent Control Property Law Destruction of Leased Premises State Rent Act Applicability Civil Court Jurisdiction Tenancy Extinguishment

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Parties

Vannattankandy Ibrayi

Appellant/defendant

Kunhabdulla Hajee

Respondent/plaintiff

Procedural Posture

Civil Appellate / Appeal From Kerala High Court Judgment and Order Dated 20.5.1998 in Second Appeal Nos. 327 and 334 of 1997

Legal Issues

  1. 1 Whether tenancy governed by the Kerala Buildings (Lease and Rent Control) Act is extinguished by destruction of the premises by natural calamity
  2. 2 Whether civil court has jurisdiction to entertain and try suit for recovery of possession of land after destruction of subject matter of tenancy

Ratio Decidendi

Under the Kerala Buildings (Lease and Rent Control) Act, if the subject matter of tenancy (the building) is completely destroyed by natural calamity, the tenancy stands extinguished and the tenant cannot claim to remain on the land; the Act does not apply to the vacant land, and the only remedy for the landlord is to approach civil courts for recovery of possession. Section 108(B)(e) of the Transfer of Property Act has no application where the premises governed by State Rent Act are destroyed. Dismissal of special leave petition without reasons has no precedent value.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed; no order as to costs.