SANTOSH JAYASWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) LEAVE granted.

(2.) THESE appeals by special leave arise from the judgment dated 26.8.1994 of the Division Bench of the High Court of Madhya Pradesh in State of M.P. v. Santosh Jaiswal and State of M.P. v. Surendra Shukla. The question canvassed before the Division Bench was whether the right to catch fish in the tank granted in favour of the appellants was in the nature of a lease or licence, an instrument compulsorily registrable under the Indian Registration Act and liable to stamp duty under the Indian Stamp Act. The Division Bench held that they were leases in respect of Santosh Jaiswal case LPAs Nos. 21 and 21 of 1994 for a period of nine months and in Surendra Shukla case LPA No. 21 of 1994 for more than one year. In the counter -affidavit filed in this Court, it was stated that the lease was for more than two years.

(3.) SECTION 3 of the Transfer of Property Act defines' 'immovable property". It does not include standing timber, growing crop or grass. Clause (26) of section 3 of the General Clauses Act is equivalent to section 2 (18) of the M.P. General Clauses Act which defines immovable property thus: