Thursday, 18 June 2020

Whether lease deed is to be registered in case of tenancy-at-will even though rent was payable yearly?

 In Mt. Aishan v. Municipal
Committee Lahore 92 Ind.Cas. 526 Campbell
J. held that a mere recital of an annual
rate of rent did not constitute the lease,
a lease reserving a yearly rent within the
meaning of Section 17, Registration Act.
The lease in that case was determinable at
any time at the will of the landlord. In
the present case after the expiry of one
year for which the lease was granted, this
lease too was determinable at the end of
Jeth, Sambat 1985. In this aspect the
present lease constituted no more than a
tenancy-at-will after the expiry of the
first year and so appears to be covered by
the decision of Campbell, J. referred to
above. There is considerable body of
authority for the proposition that where
there is a tenancy-at-will created even
though the rent is fixed and is payable
annually, the document is not subject to
compulsory registration. Reference in this
connection may be made to Muhammad Masam
Khan v. Mt. Bakhtawar (1895) 70 P.R. 1895
where a Division Bench held on a
construction of the document before them
that only those leases must be registered
which are in terms for a period exceeding
one year, a lease reserving a yearly rent,
and containing no other provision
establishing a tenancy-at-will, being
presumably a lease from year to year.”

REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVI L APPEA L NO. 2617 O F 2020

SIRI CHAND (DECEASED) THR. LRS. Vs SURINDER SINGH .


ASHO K BHUSHAN, J.
Dated:June 17, 2020.
Read full judgment here: Click here
Print Page

No comments:

Post a comment