Premises - Definition - Law Dictionary Home Dictionary Definition premises

Definition :

Premises (pr'missa), in logic, propositions antecedently supposed or proved. In a deed the 'premises' are all the parts preceding the habendum. The word properly applies to what has been previously described or mentioned, and is used only in that sense in well-drawn instruments (Dav. Prec. in Conveyancing, vol. i.). It is, however, often used as meaning land or houses.

For the statutory meaning, see particular statutes, e.g., (English) Public Health Act, 1875, s. 4, where 'premises' includes messuages, buildings, lands, easements, tenements and hereditaments of any tenure.

Include any shop, stall, or place where any article of good is sold or manufactured or stored for sale. [Prevention of Food Adulteration Act, 1954 (37 of 1954), s. 2 (xi)]

Means any land or any building or part of a building and includes-

The garden, grounds and outhouses, if any, appertaining to such building or part of a building, and

Any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof. [Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (4 of 1971), s. 2 (c) (i) (ii)]

Means any land, shop, stall or place where any insecticide is sold or manufactured or stored or used, and includes any vehicle carrying insecticides. [Insecticides Act., 1968 ((4 of 1968), s. 3 (m)]

Premises including Precincts

The word 'premises' is a generic term meaning open land or land with buildings or buildings alone. Expression 'premises including precincts does not necessarily mean that the premises must always have precincts. Even buildings need not have any precincts. The word 'including' is not a term which enlarges its scope. The use of the expression 'premises' therefore, does not indicate that the word premises must be restricted to mean buildings and be not taken to cover open land as well, Ardeshir H. Bhiwandiwala v. State of Bombay, AIR 1962 SC 29: (1962) 3 SCR 592. [Factories Act, 1948, s. 2(m)]

The room was not 'premises' within the definition of that word in the Act of 1948 and could be requisitioned, Mongibai Hariram v. State of Maharashtra, AIR 1966 SC 882: (1966) 2 SCR 322.

The expression 'premises' in s. 5(8) of the Bombay Rents Hotel and Lodging House Rates (Control) Act 57 of 1947, does not include premises used for agricultural purposes, Vasudev Dhanjibhai Modi v. Rajabhai Abdul Rehman, (1970) 1SCC 670: (1971) 1 SCR 66.

The word 'premises' is defined to mean any land. Any land will include agricultural land. There is nothing in the Act to exclude the applicability of the Act to agricultural land, Hari Singh v. Military Estate Officer, AIR 1972 SC 2205 (1972) 2 SCC 239: (1973) 1 SCR 515 [Public Premises (Eviction of Unauthorised Occupants) Act, 1970, s. 2(c)]. S. 5(8) defines 'premises' among other things, as, any building or part of a building let or given on licence separately, including, among other things, 'any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof. S. 5 (4A) while defining licensee, as the person who is in occupation of the premises or any part thereof under a subsisting agreement for a licence, ex-cludes a person conducting a running business belonging to the licensor. If the definitions of 'premises let or given on licence for business', 'premises' and 'licensee' are read together it will at once become clear that even a building so constructed or designed as to be capable of being used for running a certain business only is 'premises' within the meaning of s. 5(8) and s. 5(8A) and does not cease to be premises merely because the building is capable of being used for the particular business only or merely because machinery or equipment must necessarily go along with the building if it is to be used for the business. Natraj Studios (P) Ltd. v. Navrang Studios, AIR 1981 SC 537: (1981) 1 SCC 523: (1981) 2 SCR 466.

The premises is a very wide word and includes buildings of all types whether residential, commer-cial or factory etc. Merely because the premises are godowns, it cannot be urged that the water rate or graduated flat rate could not be imposed, Indore Municipal Corporation v. Gujarat Co-operative Housing Society Ltd., AIR 1992 SC 1506 (1513).

Means any building or part of a building which is, or is intended to be, let separately for use as a residence or for non-residential use or for any other purpose, and includes-

(i) the garden, grounds and outhouses, if any, appertaining to such building or part of the building;

(ii) any fittings to such building or part of the building for the more beneficial enjoyment thereof,

but does not include a room in a hotel or a lodging house. [Delhi Rent Act, 1995 (33 of 1995), s. 2(j)]

Includes any land, building or structure. [Electricity Act, 2003 (36 of 2003), s. 2(51)]