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Where the time limit of a lease is of a year or number of years, which is expressed to be determinable before its expiration, and the lease omits to mention at whose option it is so terminable, who shall have such option:-

  • A.Lessee.
  • B.Lessor.
  • C.Transferor.
  • D.None of the above.

Answer: A

The option belongs to the lessee.

The last paragraph of Section 110 of the Transfer of Property Act, 1882 provides that where the time limited by a lease of immovable property is expressed as terminable before its expiration, and the lease omits to mention at whose option it is so terminable, the lessee, and not the lessor, shall have such option.

The rule construes the silence against the lessor, who framed the grant. The lessor is the transferor under a lease, so 'Lessor' and 'Transferor' describe the same party and are both wrong.

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