AIR 1950 BOMBAY 161 ::52 Bom LR 97

Bombay High Court

Hon'ble Judge(s): Rajadhyaksha, Chainani , JJ

(A) Lease - Permanent tenancy - Lease for indefinite period-Circumstances raising inference of permanent tenancy. Transfer of Property Act (4 of 1882) , S.105— In the absence of a provision in the terms of the grant that the tenancy is not to continue after the grantee's lifetime, a lease for a definite period does not terminate on the death of the lessee but continues to the heirs for the remainder of the term A lease for an indefinite period, on the other hand, enures for the lifetime of the lessee only, unless there are words in the document or other circumstances indicating an intention to grant a perpetual lease.(Para 3) The omission of words of inheritance in a lease does not show conclusively that the lease is not hereditary. Similarly the prohibition on alienation of the leasehold rights does not militate against the permanent character of the tenancy.(Para 6) A compromise decree containing the terms of a lease provided that the defendant was to continue as a tenant so long as he abided by the conditions about the payment of rent and rendering certain service to the plaintiff. The rent was to be revised after every twelve years and the right of cultivation was not to be assigned. In case of assignment the landlord was entitled to take possession : Held that though the lease ....