AIR 1982 SUPREME COURT 127 ::1982 BLT (Rep) 164 ::1982 UJ (SC) 23 ::(1982) All RentCas 221 ::1982 MadLJ(Cri) 524 ::1982 (1) SCC 271 ::1982 SCC(Cri) 152 ::1982 CriLR(SC MAH GUJ) 176 ::(1982) Guj LH 89 ::(1982) MPLJ 235 ::(1982) Mah LJ 288 ::1982 (1) RenCR 285 ::1982 (2) RentLR 139 ::1982 (1) SCR 1197 ::(1982) 2 SCJ 68 ::1982 (2) Bom LR 270

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): S. Murtaza Fazal Ali, R. B. Misra , JJ

(A) Transfer of Property Act (4 of 1882) , S.106— Lease - Whether yearly or monthly - Determination of - Counterfoil of receipt - Entry therein - If admissible against tenant. C.A. No.1741 of 1976, D/-18-11-1976 (Bom), Reversed. Evidence Act (1 of 1872) , S.63— In the instant case the admitted facts were as under :- 1.That to begin with the lease was given to the tenant in respect of an open piece of land; 2. That on the open piece of land the tenant installed a flour mill and that the tenant was not using the land for any other purpose except running a flour mill. 3. That the receipts filed by the tenant clearly showed that the lease was a yearly one. Held, in the circumstances that the lease was from year to year. On the basis of the entries in the counter-foils of receipts, the landlord tried to make out a case of monthly tenancy but the entry in the counter-foil being an admission in his own favour was not admissible against the tenant. C.A. No. 1741 of 1976, D/-18-11-1976 (Bom), Reversed.(Para 6) (B) Transfer of Property Act (4 of 1882) , S.106— Lease whether granted for "manufacturing process" - Tests to determine - Lease for running flour mill - One for manufacturing purpose - Termination of - Six mont....