https://www.taxtmi.com/caselaws?id=303698 A lease is governed by the special rule in Section 108(e) of the Transfer of Property Act where leased property is destroyed or rendered substantially unfit, so the general doctrine of frustration under Section 56 of the Indian Contract Act does not apply to leases. In restitution matters under Section 144 of the Code of Civil Procedure, relief is not automatic on setting aside a decree; it is available only to a person legally entitled to benefit from restitution. On the facts noted, the tenant retained a sufficient legal interest and could seek restitution, even though the structure could not be restored in specie. The restoration order was sustained and the tenant's possessory claim was upheld to the extent permitted by law. en-us Wed, 08 Jun 1960 00:00:00 +0530 Sat, 06 Aug 2022 12:47:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303698 A lease is governed by the special rule in Section 108(e) of the Transfer of Property Act where leased property is destroyed or rendered substantially unfit, so the general doctrine of frustration under Section 56 of the Indian Contract Act does not apply to leases. In restitution matters under Section 144 of the Code of Civil Procedure, relief is not automatic on setting aside a decree; it is available only to a person legally entitled to benefit from restitution. On the facts noted, the tenant retained a sufficient legal interest and could seek restitution, even though the structure could not be restored in specie. The restoration order was sustained and the tenant's possessory claim was upheld to the extent permitted by law. Case-Laws Indian Laws Wed, 08 Jun 1960 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303698