LAW FOR ALL

Se.106, 108 B (e) and sec.114 of T.P.Act - Destroy of leased property - No Doctrine of frustration of contract - Permanent lease renewable from time to time - Purchaser of leased property - when tried to demolish the leased building - Tenant filed suit for injunction - pending suit , he demolished the building step by step - suit amended for Mandatory injunction - all lower courts dismissed the suit - Apex court held that what the purchaser purchased is only title in ownership but not lease hold rights and as such with out restoring to sec.106 of T.P. Act , he can not evict the tenant nor do any acts against the rights and liabilities of lease agreement - as the purchaser demolished the building pending suit , he is not entitled for the benefit of sec.108 B (e) and much more bared from claiming any benefits under it's proviso and as there is no possiblity to restore the possession directed to pay compensation of Rs.20 lakhs and further held that the law laid in T. Lakshmipathi (supra) are correct and the law laid down in Vannattankandy Ibrayi not correct and as such over ruled the same and further held that since the building was destroyed - civil court has got jurisdiction = CIVIL APPEAL NO. 127 OF 2007 M/S SHAHA RATANSI KHIMJI & SONS … APPELLANTS VERSUS PROPOSED KUMBHAR SONS HOTEL P. LTD. & ORS. … RESPONDENTS = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41760