The Calcutta Weekly Notes August 22 1949

184 Turner C. J. expressed the same view : that since partcular words control the general the specific mention of leases operates as a sort of prviso taking them out of the general words and that accordingly the length of term and not the value is the test applicable to leases for purposes of registration. [...] The observations of the Full Bench at P. 550 that a lease though an instrument within the meaning of clause (b) is dealt with separately in the later clause (d) and must come under it and not under clause (b) because of rules of construction of statutes mark the furthest limit to which concession to the view of our correspondent may be made. [...] 17 of the present Act was not mentioned in the judment at all obviously on the ground that the deed in question could not be said to be a " lease " at the time of its execution particularly when the definition of " lease " as including our " agreement to lease " as under the present Act was not there in the 57"olviii TEIN CALCUTTA W11111711 MUM. [...] Of course considering it in the light of the decision of the Privy Council in 46 I. A. and of the modern notions in the matter we think that since the agreement in suit contained the essential terms of a lease and could be construed as having operated as a present demise it amounted to lease and would therefore be compulsorily registrable under clause (4) but for the fact that sec. [...] Before we part from this matter think we ought to point out that the learned correspondent should have considered the provisions of the Transfer of Property Act The clear case of conflicts between the provsions of that Act and those of Registration Act have now been resolved by the legislture and sec.