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Bai Sona Vs. Bai Hiragavri - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Case NumberFirst Appeal No. 21 of 1926
Judge
Reported in(1926)28BOMLR552; 95Ind.Cas.524
AppellantBai Sona
RespondentBai Hiragavri
DispositionAppeal dismissed
Excerpt:
transfer of property act (iv of 1882), section 101(j)-lease-permanent lease- death of lease.;a lease stipulating that so long as the tenant goes on paying rent to the landlord, the landlord will not be entitled to get the demised premises vacated, creates a permanent lease. such a lease is not pub an end to by the death of the leases.;vaman shripad v. maki (1879) i.l.r. 4 bom. 424 disapproved. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule..........244 where it was held that a lease of land, whereby the lessee is given the power of holding the land as long as he pleases, is determined by the death of the lessee. the learned judges in that case appear to have followed a series of decisions of this court, two of which are gopalrav v. bhavanrav (1874) p.j. 279 and suleman v. asmed (1877) p.j. 177. the argument is that if a lease is granted to a as long as he pleases, the lease is dependent upon a's will. when a dies, his will is necessarily determined. considering how loosely legal documents conveying interests in land are drawn in this country, i doubt very much whether those decisions are not founded on rather fanciful grounds. there is very little difference between a saying 'i take this property on rent and shall remain in.....
Judgment:

Norman Macleod, Kt., C.J.

1. We think the judgment of the First Class Subordinate Judge was right. The question in dispute is whether a tenancy created by the lease, dated August 1,1913, was permanent so as to enure for the benefit of the defendant as heir of the deceased lessee Gulabram.

2. The lease was constituted by a rent-note by which the lessee said :-

This rent is duly to be paid by me to you month by month on the 1st day of English month. And as long as I go on paying rent to you according to this so long you will not be entitled to get this Makan or shop vacated, but if I fail to pay the rent in arrears and if the rent for six months remains in arrears (due) from me you are Malik Mukhtiar (entitled) to get the said Makan or shop vacated.

3. To my mind it is clear that a documant of lease couched in these words creates a permanent lease, that is to say, the lessee is entitled to remain in possession as long as he pays the agreed rent, and the lease must enure for the benefit of his heirs under Section 108(j) of the Transfer 6f Property Act.

4. We have been referred to Vaman Shripad v. Maki I.L.R (1879) 4 Bom. 244 where it was held that a lease of land, whereby the lessee is given the power of holding the land as long as he pleases, is determined by the death of the lessee. The learned Judges in that case appear to have followed a series of decisions of this Court, two of which are Gopalrav v. Bhavanrav (1874) P.J. 279 and Suleman v. Asmed (1877) P.J. 177. The argument is that if a lease is granted to A as long as he pleases, the lease is dependent upon A's will. When A dies, his will is necessarily determined. Considering how loosely legal documents conveying interests in land are drawn in this country, I doubt very much whether those decisions are not founded on rather fanciful grounds. There is very little difference between A saying 'I take this property on rent and shall remain in possession as long as I please', and ' I take this property on rent and as long as I pay rent I shall remain in possession.' It is always open to a permanent tenant to stop paying rent.

5. However that may be, the appeal must be dismissed with costs.


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