Case Note & Summary
The appellant, a tenant of a tenement (House No. 83) in Comba, Margao, filed a suit alleging that the respondents damaged and demolished the tenement on 22 July 1979. He sought recovery of possession of the land and restoration of the tenement. The respondents contended that the structure was old and crumbling, and due to heavy rains, part of it collapsed in July 1979; the tenant had already vacated before the collapse. The trial court found that the tenement collapsed due to rains, the subject matter was not in existence, and the plaintiff was not in occupation, thus dismissing the suit. The first appellate court affirmed, holding that the tenancy ended with the collapse. The second appeal was admitted on the substantial question of law: whether tenancy extinguishes after collapse of tenement whatever the reasons may be. The High Court, per N. A. Britto, J., held that the tenancy extinguishes upon the destruction of the tenement, regardless of the cause of collapse. The court reasoned that the tenancy is tied to the existence of the tenement; once the tenement is destroyed, the tenancy ceases. The tenant's right to restoration of the land does not survive the destruction. The appeal was dismissed, affirming the lower courts' decisions.
Headnote
A) Property Law - Tenancy Extinction - Collapse of Tenement - Whether tenancy extinguishes after collapse of tenement whatever the reasons may be for the collapse - The court considered whether a tenant's right to restoration of land and tenement survives the destruction of the tenanted premises - Held that tenancy extinguishes upon collapse of the tenement regardless of the cause, and the tenant cannot claim restoration of the land (Paras 1-4).
Issue of Consideration
Whether the tenancy extinguishes after collapse of tenement whatever the reasons may be for the collapse?
Final Decision
Appeal dismissed. The tenancy extinguishes upon collapse of the tenement regardless of the reasons for the collapse.
Law Points
- Tenancy extinguishes upon destruction of tenement
- tenant's right to restoration of land does not survive collapse
- no distinction between natural and man-made collapse for tenancy extinction
