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    Question

    Which of the following is right / liability of a

    lessee?
    A to disclose any material defect in the property, Correct Answer Incorrect Answer
    B to put in possession of the property Correct Answer Incorrect Answer
    C During continuance of the lease any accession is made to the property, such accession (subject to the law relating to alluvium for the time being in force) shall be deemed to be comprised in the lease. Correct Answer Incorrect Answer
    D A and C Correct Answer Incorrect Answer
    E none of the above. Correct Answer Incorrect Answer

    Solution

    S 108. Rights and liabilities of lessor and lessee.— In the absence of a contract or local   usage to the contrary, the lessor and the lessee of immoveable property, as against one another, respectively, possess the rights and are subject to the liabilities mentioned in the rules next   following, or such of them as are applicable to the property leased:— (A) Rights and liabilities of the lessor (a) the lessor is bound to disclose to the lessee any material defect in the property, with reference to its intended use, of which the former is and the latter is not aware, and which the latter could not   with ordinary care discover: (b) the lessor is bound on the lessee’s request to put him in possession of the property: (c) the lessor shall be deemed to contract with the lessee that, if the latter pays the rent   reserved by the lease and performs the contracts binding on the lessee, he may hold the property during the time limited by the lease without interruption. The benefit of such contract shall be annexed to and go with the lessee’s interest as such, and may   be enforced by every person in whom that interest is for the whole or any part thereof from time to   time vested   (B) Rights and liabilities of the lessee  (d) if during the continuance of the lease any accession is made to the property, such accession (subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in the lease.

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