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Discussion

Duration of agricultural lease in the absence of written contract or local usage under section 106 of Transfer of Property Act shall be deemed to be lease

  • A.from month to month
  • B.from year to year
  • C.for one year only
  • D.None of these

Answer: B

An agricultural lease is deemed a lease from year to year.

Section 106 of the Transfer of Property Act provides that, absent a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes is deemed a lease from year to year, terminable by six months' notice. A lease for any other purpose is deemed one from month to month, terminable by fifteen days' notice.

'Month to month' is the rule for other leases and is the trap. 'For one year only' would end the lease automatically, which the section does not say.

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