AIR 1995 SUPREME COURT 1142 ::1995 AIR SCW 1188 ::1995 SCFBRC 54 ::1995 (1) SCC 560 ::1995 HRR 176 ::(1995) 1 RenCR 81 ::(1994) 2 RentLR 674 ::(1995) 1 SCJ 124 ::(1995) 1 RenCJ 158 ::(1994) 7 JT 291 (SC)

Supreme Court Of India

(From : Calcutta)*

Hon'ble Judge(s): S. Mohan, M. K. Mukherjee , JJ

(A) West Bengal Premises Tenancy Act (12 of 1956) , S.3 Proviso— Lease for "certain" time - Word "certain" cannot mean "certain on date of lease" - It is enough if it is capable of being made certain on future date - Death of tenant within period of three years - Act will govern rights of parties - Proviso to S.3 not attracted. Maxim - " id certum est quod certum reddi potest." Transfer of Property Act (4 of 1882) , S.105, S.111— The word `certain' under S. 105, T.P. Act cannot mean certain on the date of the lease. It is enough if it is capable of being made certain on a future date. In the instant case, no doubt, the lease deed dated 11-7-1966 does not stipulate any term. Nervertheless, it is capable of being made certain because nothing is more certain than death. Sections 106 and 107 of the Transfer of Property Act, also refer to lease from year to year. Section 108(1) of T.P. Act refers to a lease of uncertain duration. Section 111, of T.P. Act clearly indicates that the period of lease need not be certain on the date of lease. Either by the terms of actual contract or by implication of law it is enough if it can be on a future date. The meaning of phrase `id certum est quod certum reddi potest' is "that is sufficiently certain which can be made certain." Therefore it cannot be said that on the date of commencement of lease itself, the p....