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Interpretation. 5. In this act "action" includes a counterclaim, and any reference to the plaintiff in an action shall be construed accordingly; "tenancy" means a tenancy created either immediately or derivatively out of the freehold, whether by a lease or underlease, by an agreement for a lease or underlease or by a tenancy agreement or in pursuance of any enactment, but does not include a mortgage term or any estate arising in favour of a mortgagor by his attorning tenant to his mortgagee; "owner", in relation to any land, means a person who is for the time being the owner of any freehold estate therein, or is entitled to a tenancy thereof for a term of years certain of which, at the time in question, not less than seven years remain unexpired, or is a mortgagee in possession (within the meaning of the Conveyancing Act, 1881) where the estate mortgaged is either such a freehold estate or such a tenancy.
© 1961 Crown Copyright
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