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Showing contexts for: lexicon in J.H. Irani And Ors. vs T.S. Pl. P. Chidambaran Chettiar And ... on 27 July, 1951Matching Fragments
It will be seen that in these two cases having regard to the object and purpose of the statute the stricter and primary legal sense of the word "appurtenance" was adopted by the court. It must be remembered that the expression bears a primary as well as a secondary sense, and whether one or the other is to be applied to the expression as it occurs in a particular statute depends upon the circumstances connected with the object of the enactment and with the context in which the expression occurs. Etymologically "appurtenance" means "pertaining" or relating to", and that is the wider sense in which the word may sometimes have to be understood and applied apart from the stricter sense of "belonging to". Ordinary Dictionaries, Law Lexicons as well as cases in the books do refer to both the senses, and the question which sense should be adopted depends upon the circumstances of the particular case in which it arises.
Apart from the passage in Woodfall on the Law of Landlord and Tenant and the passage in --'(1888) 20 Q B D 225 at p. 231 (K)', relied upon before us by learned counsel for the respondent, I may advert in this connection to what Eouvier, Wharton and Stroud say on this subject in their Lexicons. According to the first of these authors, "appurtenant" means "belonging to, pertaining to; the thing appurtenant must be of an inferior nature to the thing to which it is appurtenant". Vide Baldwin's Edition of the work (1928) at page 81.
Wharton's Law Lexicon at page 63 of the 13th Edition annotates the word thus: "pertaining" r "belonging to", (see appendant); and of "appendant" at pages 59 and 60, this is what we get;
"A thing of inheritance belonging to another inheritance which is more worthy as an advowson, common etc., which may be appendant to a manor, common of fishing to a freehold; a seat in a church to a house etc"., Further, the work illustrates appurtenances belonging to another thing thus: "as hamlets to a manor and common of pasture, turbary etc., liberties and services, outhouses, yards, orchards and gardens are appurtenant, to a messuage", and says further: "But lands cannot properly be said to be appurtenant to a messuage". It is further observed by the author; "The word 'appurtenances' should be construed strictly; (Re Peck) and the School Board for London -- '(1893) 2 c H 315 (M)', but it has a secondary meaning, equivalent to "usually occupied with". (see --'Roe v. Siddons', (1838) 22 Q B D 224 at p. 236 (N). In Stroud's Judicial Dictionary, Second Edition, page 108 under the term "appurtenances" it is said:
The Law Lexicon of British India by Ramanatha Iyer at page 80 says of the expression "appurtenance" or "appurtenant" quoting from Abbot's Law Dictionary "belonging to another thing as principal, as hamlet to another village, garden to a home; that which passes as incident to the principal thing, a thing used with and related to or dependent upon another thing more worthy and agreeing in its nature and quality with the thing whereunto it is appendant or appurtenant; that which belongs to something else, an adjunct, an appendage".