21/03/1946

CIVIL COURT, FIRST HALL

HARDING WILLIAM

MAJOR WILLIAM EDWARD CLARKE, R. E., ET. vs THE HON. EDGAR CUSCHIERI NE.

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ART. 345, 1883 AND 1897 OF THE CIVIL CODE - LEASE - RIGHT OF PREFERENCE - RURAL TENEMENT - SALT-PANS

The expression "rural tenement" must be taken to mean "what is mainly arable land which is habitually given or taken on lease for the growing of crops and cognate agricultural purposes". The salt-pans known as "Salini" do not fall within the meaning of the expression "rural tenement", although a part thereof could be used for agricultural purposes; and as they are, on the other hand, neither an "urban tenement", nor a "building", the lessee of the salt-pans cannot claim the right of preferencewhich the law allows in respect of these tenements.