AIR 1967 PUNJAB AND HARYANA 159

Punjab And Haryana High Court

Hon'ble Judge(s): R. S. Narula , J

(A) Transfer of Property Act (4 of 1882) , S.105— Construction of leases - Nature of tenancy created by any document must be determined by construing the document as a whole. AIR 1962 SC 413 Rel. on. (Para 4) (B) Transfer of Property Act (4 of 1882) , S.105— Construction of leases - Tenancy for building purposes - Prima facie it is intended for life-time of lessee or may in certain cases be even a permanent lease - Whether it is tenancy for life or permanent tenancy must ultimately depend upon terms of contract itself - Held on terms of lease-deed that it was a perpetual lease. AIR 1962 SC 413 and AIR 1964 Bom 287 Rel. on.AIR 1931 PC 79 Ref. (Para 6) (C) Transfer of Property Act (4 of 1882) , S.105— Construction of leases - Unless terms of the lease are almost same or similar it is not safe to rely on construction placed on one document for interpretation of another. (Para 15) (D) Civil P.C. (5 of 1908) , O.8— Suit for ejectment on ground that lease had terminated by efflux of time - Defendant not pleading specifically that lease was perpetua....