Tangerine Electronics Systems Pvt. Ltd. v. Indian Chemicals, Mumbai 2004 (1) RCR (Rent) 652 The word "property" has nowhere been defined under the Transfer of Property Act. The Civil Procedure Code also does not define the term "property". The term 'property' possesses a variety of different applications having different degrees and includes, in its widest sense, all a person's legal rights, of whatever description. In its ordinary and general meaning, the property is not only the thing which is subject matter of ownership but also includes dominium or the right of ownership or partial ownership and it indicates and describes every possible interest which a party can have, and will include any benefit that a person is entitled to take out of the property of another. A lease, in the generic sense, is the form of encumbrance which consists in a right to the possession and use of the property owned by some other person. From this definition of word "lease", it is clear that lease creates an interest in the property and unless there is a transfer of such interest, there can be no lease. The creation of an interest in the immovable property is a test to determine whether the transaction is lease. Thus, it is a transfer of right to enjoy the property leased and by way of lease, the lessee gets the tight to remain in occupation of the premises on payment of rent. It cannot be seriously disputed that tenant's right to remain in occupation of the non-residential tenanted premises is a property.31. It would be seen from Section 60 that all saleable property which belongs to the judgment-debtor may be attached and sold in execution of the decree against him subject to Proviso to sub-Section (1). Similarly, the saleable property over which the judgment-debtor has a disposing power which he may exercise for his own benefits may also be attached and sold. Property may not belong to the judgment-debtor and yet he may have a disposing power over it exercisable for his own benefit. In such cases, the property is liable to attachment and sale subject to proviso to sub-Section (1). From what we have discussed above, it is clear that the tenancy right of the non-residential premises is a property and is saleable within the meaning of Section 60 of Civil Procedure Code. There was no bar whatsoever under sub- Section (1) of Section 15 to attach and sell the leasehold interest of a lessee in the premises leased out for non-residential purpose. that the tenant's right to remain in occupation of the non-residential premises governed by the Maharashtra Rent Control Act, 1999 is a property; such property is saleable and the tenant has disposing power over the interest of tenancy for his benefit and in view thereof, we hold that the interest of the tenant of non-residential premises to which the Maharashtra Rent Control Act, 1999 applies is attachable and saleable in execution of the decree against the tenant.