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Before we proceed to discuss the questions formulated
above, it is necessary to state the admitted facts of this
case. It is not disputed that the shop of which the
appellant was a
...tenant was governed by the State Rent Act.
It is also not disputed that the tenanted shop was
completely destroyed due to natural calamity i.e. by fire
and it was not pulled down by the landlord. It is also
admitted that as a result of destruction, the land on which
the super structure stood was reduced to vacant land. It is
also not disputed that what was let out to the appellant was
shop and not land beneath the shop. It is also not disputed
that the tenant made a new construction on the same site
without the permission and consent of the landlord and the
same was unauthorised.
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