D.SANTHANADURAI Vs. A.NISHANTH JOE RAJ

JUDGEMENT

(1.) This Civil Revision Petition is posted before us by way of reference to answer the following questions:

(2.) For the better understanding of the context in which the above questions arise for consideration, the brief facts of the present case are relevant and they are as follows:

(3.) When the revision petition was heard by Hon'ble Mr.Justice N.Anand Venkatesh, the learned Judge after taking note of the conflicting views expressed by this Court earlier on the issues, requested the Hon'ble Administrative Judge of Madurai Bench of Madras High Court to pass appropriate orders to place the matter before a Division Bench to be constituted by the Hon'ble Administrative Judge. The Hon'ble Judge recorded that the issue that requires to be decided in the Civil Revision Petition is as to wether an agricultural lease requires compulsory registration even if it is an annual lease or for a period exceeding one year, under Section 17 (1)(d) of the Indian Registration Act, 1908. Though the Hon'ble Judge referred to the earlier order passed by a learned Single Judge of this Court seeking reference and to place the matter before the Hon'ble Chief Justice for constituting a Division Bench, it was noted that the matter was not referred to the Division Bench till then. The Registry thereafter noticed that the order of reference made in C.R.P.(PD)No.342 of 2012 was mistakenly listed earlier on 05.03.2018 before a Single Bench and it was thereafter directed to be posted before the Division Bench concerned. It is unfortunate to note that the Civil Revision Petition in C.R.P.(PD) No.342 of 2012 is not posted before this Bench but the Civil Revision Petition in C.R.P.(MD)No.1697 of 2012 alone is posted. Considering the position that the facts in both the Civil Revision Petition with reference to questions posed before this Court are similar, we also propose to answer the questions that were referred to by the Hon'ble Judge who heard the Civil Revision Petition in C.R.P.(PD)No.342 of 2012 in the case of Ganapathy v. Maheshkumar and others.