USHA MALHOTRA Vs. SYNTHETICS LIMITED

JUDGEMENT

(1.) In the instant suit the plaintiff seeks decree of ejectment in her favour and against the defendant in respect of immovable property, inter alia, on the ground that no subsisting lease of the property was created in the absence of a registered document and at the most month to month tenancy was created which was terminated by a notice to quit. The plaintiff prays that the suit is liable to be decree on this account alone.

(2.) The factum of the lease not being registered is not in dispute. The question relating to the implication of an unregistered deed which requires registration has been referred to the Full Bench for determination in Suit No. 123 of 1996 (Smt. Rita Khurana Vs. Smt. Kamla Devi and others). Therefore, without an authoritative decision of a larger Bench in regard to determination of the questions mentioned in the reference order made in Suit No. 123 of 1996, at this stage the prayer of the plaintiff cannot be acceded to. However, the instant suit in the meanwhile can proceed pending the decision of the larger Bench. It will be open to the parties to make an application before the Full Bench for being heard in the matter.

(3.) A copy of the order passed in Suit No. 123 of 1996 be placed in the file of this suit.