SULTANALI MULLA RASOOLJI Vs. TYEB PIR MAHOMED

JUDGEMENT

(1.) Mr. Desai on behalf of the defendant has tendered for being admitted into evidence two letters, each dated October 24, 1924, one being from the defendant to the plaintiff and the other from the plaintiff to the defendant, as constituting an agreement between the parties on the faith of which the defendant constructed a shed on the land demised to him for which he now claims compensation by his counter-claim. Mr. Vachha on behalf of the plaintiff objects to these letters being admitted into evidence on the ground that they constitute) an agreement to lease an immovable property for a period of five years which, under the Indian Registration Act, is compulsorily registrable and would be inadmissible in evidence without registration.

(2.) A formal lease is to be executed, and such lease will contain a proviso for re-entry in case of default in payment of rent for a month after it became due or in case of breach of any of the covenants and conditions contained in the lease and to be performed and observed by me and such other usual terms and conditions as your attorneys may think fit to be inserted in the lease.

(3.) Paragraph 1 of the letter states that the writer has agreed to take a lease from the addressee; paragraph 2 states that the lease is to be for a period of five years commencing from January 1, 1925 ; paragraph 3 states that the rent for each month is to be paid by the writer in advance on the first day of the month and that he has given to the addressee a cheque for Rs. 151 which sum is to be kept by the addressee as deposit during the continuance of the lease. Paragraph 4 refers to the premises as demised premises. The premises are referred to as " demised premises " and " demised land" respectively in paragraphs 5 and 6. Paragraph 7 of the letter states that a formal lease will be executed and such lease will contain a proviso for re-entry in case of default in payment of rent for a month after it becomes due or in case of breach of any of the covenants and conditions in the lease to be performed and observed by the writer and such other usual terms and conditions as the addressee s attorneys may think fit to be inserted in the lease.