As a result of the equitable doctrine that an agreement for a lease may be enforced as though a valid lease had been granted1, questions whether an instrument is a lease or an agreement for a lease may not often arise2. The equitable doctrine does not, however, apply where:
(1) the question arises in a court which has no jurisdiction to order specific performance (for example, in the County Court in the case of a contract which by reason of the value of the property is not within the equitable jurisdiction of the County Court)3;
(2) the circumstances are
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