BAI SONA Vs. BAI HIRAGAVRI

JUDGEMENT

(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 entire for the benefit of the defendant as heir of the deceased losses 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 1 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 document 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 of Property Act.