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P leased retail space to D in a large building with other tenants. Section 9 of the lease stated as follows: 'The Landlord shall promptly make all repairs and replacements (other than those herein required to be made by the Tenant) which may be necessary to maintain the demised premises in a safe, dry and tenantable condition and in good order and repair.' The term of the lease began 1 October 1953 and expiring 30 September 1973. On 1 March 1967, The Carolina Building was wholly destroyed by fire. P instituted this action under the Uniform Declaratory Judgment Act (G.S. 1-253 through 1-267) for a determination of the rights of the parties under their lease agreement. The judge determined the lease was terminated by the fire and that P was under no duty to restore or rebuild the leased premises, the improvements therein, nor any part thereof. D appealed.

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