Lease -- Unilateral Cancellation of Document Held to Be Ninety-Nine Year Lease -- Cancellation illegal, declaration and recovery of possession rightly granted
(i) Document -- Determination of Nature -- Role of Text and Context -- Reference to ex post facto circumstances is unnecessary where the intention of parties is understood from the plain and ordinary meaning of the text of a document. Nomenclature alone of a document is not decisive of its nature; it is the text and context that reveal the obligations undertaken by the parties. (ii) Transfer of Property Act, 1882, S.105 -- Lease -- Document Held to Constitute Ninety-Nine Year Lease, Unilateral Cancellation Illegal -- Where the nomenclature, text, and context of a document lead only to the conclusion that it constitutes a lease for ninety-nine years, unilateral cancellation of such document is illegal and amounts to interference with the right of the lessee to remain in possession of the property for the full term. A suit for declaration of leasehold rights, recovery of possession, and mandatory injunction is rightly granted in such circumstances.
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