MOHAMMAD ALI KHAN Vs. HAKIM KHAJA SHAFI HASAN

JUDGEMENT

(1.) The only question used in this revision is that the rented deed relied on by the landlord in inadmissible in evidence for want of registration.

(2.) A suit was filed on the Small Cause side for recovery of arrears of rent at the rate of Rs. 24.00 per month for the period extending from 13/02/1961 to 12/10/1961. The case of the respondent-landlord was that the rent for these months was recoverable from the petitioner his tenant at the rate of Rs. 24.00 per month for the said period. The petitioner contended that he had received a sum of Rs. 1200.00 from the respondent with interest at Rs. 2.00 per cent per month and executed a sale deed as a collateral security for the said debt and also entered into an agreement of rent in lieu of interest. It was also pleaded that he had paid a sum of Rs. 1050.00 in part payment of the amount advanced by the respondent and therefore he was not liable as claimed by the landlord. Further the argument was to the effect that the rental deed was inadmissible in evidence for want of registration.

(3.) The lower Court considering these objections came to the conclusion that I view of the rental agreement, there was relationship of landlord and tenant between the parties and tha the need not go into the question of title of ownership of the suit house in view of the clear recitals in the rental deed. It was held that the rental deed being for lesser period than one year, was not compulsorily registrable, and in that view he decreed the suit with costs. The revision is directed against this order.