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1919 (7) TMI 1

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..... ent. The lease was for three years and provided for a rent of ₹ 150 per annum. It contained a clause that the defendant should not erect buildings on the land. Notwithstanding this undertaking he put up buildings on it. The suit is by the Secretary of State for ejectment. The defendant pleaded that as Exhibit A was not registered it was not admissible in evidence; and secondly that the provi .....

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..... ee no ground for applying this principle of construction to the section. As was pointed out in Angus v. Dalton (1878) L.R. 4 Q.B. 166, we have first to ascertain from the language of the section the class of cases which were intended to be affected. If the intention is clear the occasion for the introduction of the ejusdem generis rule of interpretation would not arise. (See also the other cases c .....

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..... For these reasons we are unable to agree with the Allahabad High Court that a lease is not within the sub-clause. A further argument of the learned counsel for the appellant requires a little more consideration. He contended, and in this also he is supported by Munshi Lal v. The Notified Area of Baraut (1914) I.L.R. 36 All. 176 at 179, that the words "grants or assignments by Government of la .....

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..... he Act refers to " grant or other transfer of land or of any interest therein." This language shows that the word grant, can be employed to denote a transfer of land. In the second place it is clear that all transfers of land of every description are within the operation of the section. Mr. Menon's suggestion that the Act is confined to the transfer of prerogative rights possessed by .....

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