The Transfer of Property Act, 1872  - Section 106 , Section 108 , Section 114

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 - 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.

Topic(s)-Purchaser of Leased Property

Important Decision(s)- 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.