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1 - 4 of 4 (0.44 seconds)Angammal vs M.M.S. Aslami Sahib on 28 April, 1913
7. Section 108 of the Transfer of Property Act provides that in the absence of a contract, or local usage to the contrary, the lessee may even after the determination of the lease remove at any time whilst he is in possession of the property leased, but not afterwards, all things which he has attached to the earth: see Section 108(B)(k). As will be seen from Sir Dinshah Mulla's commentary on the Transfer of Property Act, 2nd edn., at page 609, this sub-section has been amended by the insertion of the words "even after the determination of the lease" to settle a conflict of decisions referred to in Angammal v. Aslmni Sahib (1913) I.L.R. 38 Mad. 710, as to whether a lessee is entitled to an allowance of a reasonable time after; the determination of the lease for the removal of his fixture. A further amendment "whilst he is in possession of the property leased but not afterwards " fixes definitely the time during which the right may be exercised. As Sir Dinshah Mulla points out the amendment introduces no new principle, but limits and defines the tenant's right to remove as one to be exercised during the term and negatives any right to remove when the tenant is not in possession. If he once quits possession Sir Dinshah Mulla says that he may not return, and the fixtures become the property of the lessors.
Section 49 in The Registration Act, 1908 [Entire Act]
The Transfer Of Property Act, 1882
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