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(3) The appellant defended the claim. The plea raised was that that contractual tenancy in favor of Dr. Sury had not been determined. The tenancy rights devolved on him and another person under a will dated March 31,1957. In case it was held by the court that he could not inherit the tenancy rights under the will the same devolved on him as an heir being Dr. Sury's nearest kinsman.

(4) The Additional Rent Controller by his order dated December 18, 1973 came to the conclusion that the tenancy rights had not been bequeathed by Dr. Sury under the will in question. The appellant who was a nephew of Dr. Sury inherited those rights as an heir and therefore there was no parting with possession by the tenant. With these findings he dismissed the eviction petition. This finding was, however, reversed in appeal by the learned Rent Control Tribunal. It was held that the tenant had bequeathed the tenancy rights in favor of the appellant under the will which act amounted to parting with possession of the premises. Consequently an order for recovery of possession was granted in favor of the respondent against the appellant on October 28, 1976. Feeling aggrieved the appellant has filed the present appeal.

(7) A lease, as defined by Section 105 of the Transfer of Property Act, is a transfer of a right to enjoy immoveable property turn a term or in perpetuity in consideration of a price paid or promised or services or other things of Value to be rendered periodically or on specified occasions to the transferor- by the transferee. The right of enjoyment contemplated by this Section is an interest in the immoveable property. The agreement of lease confers on the lessee the right to possess the immoveable property subject matter of the lease. It being an interest in the immoveable property would be covered under the expression "all my moveable and immoveable properties" used in the above quoted residuary clause of the will. The word 'Property' includes all legal rights of a person except his personal rights which constitutes his status or personal condition. The tenancy rights would definitely be included in the words "all my moveable and immoveable properties". have examined the will carefully and I agree with the learned Tribunal that the will does not indicate any intention of the testator to exclude the tenancy rights. On the other hand the residuary clause referred to above shows that the intention was to give all her moveable and immoveable properties except the properties for which a specific provision was made. The tenancy rights, therefore devolved on she appellant under the will.