Jotish Chandra Mukerji Vs Ramanath Bhadra and Others

Calcutta High Court 18 Jul 1904 Letters Patent Appeal No. 23 of 1904 in Second Appeal No. 2495 of 1901
Result Published

Judgement Snapshot

Case Number

Letters Patent Appeal No. 23 of 1904 in Second Appeal No. 2495 of 1901

Final Decision

Allowed

Judgement Text

Translate:

Maclean, C.J.@mdashWe think that, upon the Plaintiffs'' own statement in their plaint, the agreement between the parties amounted to a lease

within the definition of the term as given in sec. 105 of the Transfer of Property Act. According to the agreement the Defendant was not to pay rent

but, instead of rent, he was to give his services as a family doctor to the Plaintiffs. If it be once established that the bargain between the parties

amounted to a lease, it must be regarded as a lease of immoveable property for some purpose other than agricultural or manufacturing purposes, in

which case it musk be deemed to be a lease from month to month terminable, on the part of either lessor or lessee, by 15 days'' notice expiring

with the end of a month of the tenancy. Admittedly such a notice was not given in this case and the Plaintiffs'' action must, therefore, fail and be

dismissed with costs. The appeal is accordingly allowed with costs.

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