Complete destruction, in Article 592 of American Jurisprudence, the statement of law on the consequences of complete destruction of a building is stated as under:
592. Complete destruction. - The common-law rule that a lessee is not relieved of his obligation to pay rent through the accidental destruction of the building demised to him presupposes that some part of the premises remains in existence for occupation by the tenant, irrespective of the destruction. If the destruction of the premises is complete - nothing remaining, the subject-matter or thing leased no longer existing then the liability of the tenant for rent ceases or extinguishes. ... Thus, it has been held that the destruction of the property extinguishes the liability for rent, as under a lease of a river front and landing consisting of a narrow footing at the base of a bluff without any wharf, dock, or pier, where the unprecedented ravages of the river effectually took away the use of the landing by washing away all but a shallow fragment of the lot. ... Upon the termination of lease in advance of the expiration of the term, by reason of the destruction of the leased premises, the lessor is entitled to recover such part of the rent for the entire terms as is proportionate to the period of occupancy by the lessee, Vannattankandy Ibrayi v. Kunhabduylla Hajee, (2001) 1 SCC 564.
View Judgments Citing this Phrase View Acts Citing this Phrase