ABDUL RASHEED Vs. SRINIVAS

JUDGEMENT

(1.) Whether a lease deed, where the term of lease stated therein does not exceed one year, requires to be registered under the provisions of the Registration Act, 1908 is the question that needs an answer in this writ petition.

(2.) This writ petition by the defendant is directed against an interlocutory order dated 26.03.2014 passed by the trial Court in the suit in O.S.No.10/2009 wherein the trial Court has held that the four unregistered lease deeds produced by the petitioner are inadmissible in evidence.

(3.) The contention urged in support of the writ petition is that, in three of the aforesaid four lease deeds, the term of lease does not exceed one year and therefore their registration is not compulsory in view of S.17(1)(d) of the Registration Act,1908 and hence, refusal of the trial Court to receive them in evidence is erroneous in law. To examine the contention urged, it is necessary to refer to the following provisions of the Transfer of Property Act, 1882 and the Registration Act, 1908.