(1.) Heard Sri Rishi Chadha, learned counsel for the petitioner and perused the record.
(2.) In all these three writ petitions the issues of facts and law are common and, therefore, Sri Rishi Chadha, learned counsel for the petitioner, has addressed this Court by treating Writ Petition No. 58850 of 2012 as the leading case but covering all the three cases and the same are being decided by this common judgment.
(3.) Learned counsel for the petitioner assailing the impugned judgments dated 11.11.2003 and 28.07.2012 whereby both the courts below have passed decree for eviction of petitioner-tenant from the shop(s) in dispute on the ground of default in payment of arrears of rent, contended that the courts below have relied on an unregistered rent note for collateral purposes, i.e., for determining the rate of rent payable by petitioner though it being an unregistered document, could not have been relied on for any purposes including collateral purposes. He referred to the definition of "lease" in Section 2(16) of Indian Stamp Act, 1899 (hereinafter referred to as the "Act, 1899") and contended that even a unilateral document, namely, "Kubuliat" is included therein. The mere fact that the rent note was a unilaterally executed document, would make no difference in order to bring it within the ambit of definition of "lease" and, therefore, as required under Section 35 of Act, 1899 unless the document is duly stamped, it would not be taken into consideration for any purposes whatsoever. Reliance is placed on the Apex Court's decisions in Mohan Lal Vs. Anandibai and others, 1971 AIR(SC) 2177; M/s Bajaj Auto Limited Vs. Behari Lal Kohli, 1989 AIR(SC) 1806; Avinash Kumar Chauhan Vs. Vijay Krishna Mishra, 2009 AIR(SC) 1489 and decisions of other High Courts in Ganpat Mal Dhariwal Vs. Sukhraj, 2001 AIR(Raj) 372; Smt. Bidya Devi Vs. Commissioner of Income Tax, Allahabad and others, 2004 AIR(Cal) 63; Ram Abatar Mahato Vs. Sm. Shanta Bala Dasi, 1954 AIR(Cal) 207. He also attempted to distinguish decision of this Court in Nawal Kishore Varshney Vs. Xth Additional District Judge, 2012 6 ADJ 645 relied by courts below and contended that therein the Hon'ble Court has simply observed that the document is unilaterally signed, would not qualify to be a "lease" though this finding and inference is in the teeth of Section 2(16) of Act, 1899 which defines "lease".
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