Conditions regarding the property given on lease
2192. The property which is given on lease, should fulfil certain
It should be specific. Hence, if a person says to another: "I have given
you one of my houses on lease", it is not in order.
The person taking the property on lease should see it, or the lessor
should give its particulars in a manner which gives full information about it.
It should be possible to deliver it. Hence, leasing out a horse which has
run away, and the hirer can not possess it, will be void. However, if the
hirer can manage to get it, the lease will be valid.
Utilisation of the property should not be by way of its destruction or
consumption. Hence, it is not correct to give bread, fruits and other edibles
on lease for the purpose of eating.
It should be possible to utilise the property for the purpose for which
it is given on lease. Hence, it is not correct to give a piece of land on
lease for farming, when it does not get sufficient rain water, and is also not
irrigated by canal water.
The thing which a person gives on lease should be his own property, and
if he gives the property of another person on lease, it will be correct only
if its owner agrees to it.
2193. It is permissible to give a tree on lease for utilising its
fruit, although fruit may not have appeared on it yet. The same rule applies if
an animal is given on lease for its milk.
2194. A woman can be hired for her milk, and it is not necessary for
her to obtain her husband's permission. However, if her husband's right suffers
owing to her giving milk (to the child of another person), she cannot take up
the job without his permission.