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A lease or tenancy simply means a contract that transfers the right to
possess specific property. It is a contract between a lessor and a lessee
for the use of a vehicle or other property, subject to stated terms and
limitations, for a specified period and at a specified payment.
A lease of immoveable property is a transfer of a right to enjoy such
property, made for a certain time, express or implied, or in perpetuity, in
consideration of a price paid or promised, or of money, a share of crops,
service or any other thing of value, to be rendered periodically or on
specified occasions to the transferor by the transferee, who accepts the
transfer on such terms.
The transferor is called the lessor, the transferee is called the lessee,
the price is called the premium, and the money, share, service or other
thing to be so rendered is called the rent. ….. [Section 105 of the
Transfer of Property Act, 1882]
"Lease" means a lease of immoveable property, and includes also—(a) a
patta;(b) a kabuliyat or other undertaking in writing, not being a
counterpart of a lease, to cultivate, occupy or pay or delivery rent for
immoveable property;(c) any instrument by which tolls of any description
are let; (d) any writing on an application for a lease intended to signify
that the application is granted. ….. [Section 2(3)(c); The Stamp Act,
1899]
"Lease" includes a counter-part, Kabuliyat and an undertaking to cultivate
or occupy. ….. [Section 2(7) of the Registration Act, 1908]
Lease from month to month, from year to year.—In the absence of a
contract or local law or usage to the contrary, a lease of immoveable
property for agricultural or manufacturing purposes shall be deemed to be a
lease from year to year, terminable, on the part of either lessor or
lessee, by six months' notice expiring with the end of a year of the
tenancy; and a lease of immoveable property for any other purpose shall be
deemed to be a lease from month to month, terminable, on the part of either
lessor or lessee, by fifteen days' notice expiring with the end of a month
of the tenancy. ….. [Section106 of the Transfer of Property Act, 1882]
Lease is transfer of a property in favour of the lessee and no one could
transfer the title better than what he had. ….. [Rehman Feeds (Pvt) Ltd
vs. Agriculture Development Bank of Pakistan 2001 YLR 2240]
(i) By a lease a subordinate interest is created by a person in favour of
another person in respect of some immovable property on condition of
payment of premium or rent.
(ii) The right which is created by a lease is the right of tenancy.
‘Lease’ and tenancy are cognate terms, implying the same kind of jural
relationship. ….. [M H Khandker, Advocate vs. Bangladesh 30 DLR (SC) 1]
Lease cancelled on the allegation of failure to make any construction in
the disputed plot–
We have already held that the People’s Jute Mills Ltd. has accepted the
judgment and order of the Writ Petition No.137 of 1996, it has been decided
that disputed property is abandoned property. It is also admitted that the
original allottee People’s Jute Mills Ltd. did not make any construction
in the disputed land before its dispossession inasmuch as lease was
cancelled after 24 years of allotment.
The People’s Jute Mills Ltd. has not yet prayed any relief against
subsequent lease deeds executed in favour of added respondents and also it
did not make any prayer for recovery of possession of the disputed land
though admittedly it was dispossessed in 1992. The appeal is dismissed.
…Khalishpur Jute Mills Ltd. =VS= Rajdhani Unnayan Kartipakkha, (Civil),
2019 (2) [7 LM (AD) 123] ....View Full Judgment
Permission for chopping down 2096 standing trees in Jhemai Tea Estate–
The agreement of lease between the Government and the writ petitioner
provides for extension of tea garden on the lease hold land may be
permitted to cut down the trees subject to certain terms and conditions–
The agreement of lease between the Government and the writ petitioner
provides a clause for extension/ expansion of tea garden on the lease hold
land. Moreover, tea is one of our exportable item earning foreign currency
as well as fulfilling the local demand of tea, which is increasing day by
day. Moreover, tea gardens with shed trees are also greeneries and such
gardens are also causing emission of oxygen in the atmosphere and absorbing
CO2 . Tea gardens also take active part in the photosynthesis process.
Therefore, for the purpose of sustainable development as well as to protect
the environment, Writ Respondent No.7 may be permitted to cut down the
trees for which permission has been given to it by the concerned
authorities subject to certain terms and conditions as mentioned
hereinafter:
(1) Immature trees cannot be cut down.
(2) Before cutting down each trees, two saplings are to be planted in
suitable places of Jhemai Punjee area.
(3) After nourishing newly planted saplings for at least three years, the
leave respondent No.7 would be entitled to chop down old and matured trees
only from Jhemai Punjee under the supervision of the Local Officials of the
Department of Environment and the Department of Forest. …Rana Surong =VS=
Government of Bangladesh, (Civil), 2019 (2) [7 LM (AD) 139] ....View Full Judgment
Lease of Lands in Hotel/Motel Zone of Cox’s Bazar–
The policy of preservation of the ecological balance and protection of the
natural resources of our country not only for our future generations, but
also to ensure protection of the environment from degradation and the
harmful effects of climate change.
All leases within Jhilanja Mouza granted after 19.04.1999 be cancelled in
the same way as those of the writ-petitioners and any constructions made
thereon be demolished. Of course, the lease holders shall be compensated
for their loss due to such cancellation/demolition. We further direct that
henceforth no lease shall be granted within Jhilanja Mouza or any area
which has been classified as ecologically critical area.
We finally re-iterate that the petitioners shall be fully compensated for
their loss due to the cancellation of their leases, in accordance with the
decision of the High Court Division. …Mahbubul Anam =VS= Ministry of
Land, Bangladesh, (Civil), 2019 (2) [7 LM (AD) 367] ....View Full Judgment
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