KHIMJEE THAKARSEE Vs. PIONEER FIBRE CO LTD

JUDGEMENT

(1.) THIS is a summons taken out by the applicants for an order that the attachment levied by the plaintiff on the property at Fergusson Road, Lower Parel, by the warrant of attachment dated September 13, 1939, be raised. THIS summons was adjourned into Court for taking evidence. In view, however, of the arguments of counsel, and in particular of what has been conceded by counsel for the plaintiff, evidence has not become necessary. The matter has been greatly shortened by the concessions made by the learned' counsel for the plaintiff.

(2.) THE defendants became the tenants of the applicants. THE terms upon, which they became the tenants of the applicants are set out in the correspondence annexed to the affidavit of N.M. Bhagalia dated March 6, 1940. That correspondence amounting to an agreement to lease ought to have beem registered by reason of the definition of a lease in Section 2(3) of the Indian Registration Act and Section 17(2) (d). It was not registered. Notwithstanding registration by virtue of the proviso to Section 49 of the Indian Registration Act these letters may be looked at as evidence of any collateral transaction not required to be affected.by a registered instrument. Mr. M.V. Desai for the plaintiff has conceded that these letters can be looked at in connection with the present application.

(3.) CLAUSE 12 of the letter of July 27, 1931, which letter became One of the terms between the parties, requires the lessees to deliver over possession of the demised premises at the determination of the tenancy in the same good condition as it was at the time the lessees entered into possession subject to wear and tear. CLAUSE 15, which also became one of the terms, provides as follows:- On the determination of the tenancy the lessees shall be entitled to remove the structure or shed which they might have erected during the continuance of the tenancy,