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TMI Blog1950 (1) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... n the plaint. 3. Mr. Modak, learned junior of Mr. Meyer, raised two issues as follows: 1. Was the lease for manufacturing purposes? 2. Do the plffs. require the premises bona fide - (a) for their own use occupation; (b) for building re-building? These issues have been accepted by Mr. S. K. Basu appearing for the plffs. 4. Evidence has been adduced on behalf of the plffs. The first witness was Uma Prasanna Mukherji, the son of plff. 1 Sati Prasanna Mukherji; the next witness was the plff. Debi Prasanna Mukherji, the third witness was Sachin Bhattacharya, an employee of the plffs. 5. I will take issue No. 2 first for consideration because I consider the evidence is all one way under this issue, that is in favour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the brief of documents. The notice to quit asked the deft, to vacate on the expiry of the month of March 1948. 9. The evidence on the point so far as is material has been on the following lines. The lease was taken by the deft, for various purposes, mainly for residential purpose of the deft, himself for the purpose of setting up a printing press for ordinary business purposes. It is denied on behalf of the plffs. that the lease was for manufacturing, purpose. (After discussion of the evidence the judgment proceeds ): I am not satisfied with the evidence that the deft, gave the method manner of his giving evidence, the deft's demeanour has left this 'impression in my mind that the defence of manufacturing lease was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting up a printing press, that is not a lease for manufacturing purpose within the meaning of Section 106, T. P. Act, but in my opinion is within the meaning of the words any other purpose used later in the section. 11. The etymological meaning of the word 'manufacture' is of little help in this connection. It comes from the Latin word 'manus', the hand, 'facere', to make or produce. The word 'manufacture' therefore etymologically means any thing that is made or produced by hand. But the word manufacture has acquired a much larger meaning connotation than what its etymological origin implies. 12. Mr. Meyer has argued that printing is manufacture. I am unable to accept such a broad proposition. Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hem. Therefore in addition to the thing produced it will comprehend a new machine or a new combination or machinery : It will comprehend a new process or an improvement of an old process. I respectfully follow these observations as denoting what 'manufacture' means. In my judgment the word 'manufacturing' in Section 106, T. P. act sound be given its commonly understood meaning, which is neither the etymological meaning nor the technical meaning as append to mechanical industry or commerce. Applying these tests giving the popular meaning to the word Manufacture I am unable to hold that printing simpliciter is always manufacture. This is so far as the construction of the words used in Section 106, T. P. Act is concern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at there is a lease for manufacturing purpose in this case answer Issue No. 1 in the negative. 16. In this case what are the facts? The deft houses a library there. The deft, himself resides there. The deft, submits that the power of tub-letting is also given in the lease itself. Surely these are not manufacturing purposes. The other purpose is ordinary business purpose, which is also not necessarily manufacturing purpose. The setting up of the printing, press again is not necessarily manufacturing purpose. In the written statement it is pleaded that there was manufacture of rubber other manufactures carried on in the premises. No evidence whatever has been given either of rubber manufacture or any other manufactures. It is also plea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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