RAKESH FAUZDAR Vs. COLLECTOR, HOSHANGABAD

JUDGEMENT

(1.) THE petitioner, by means of this petition, has approached this Court under Article 226 of the Constitution of India seeking relief for quashing the order dated 30th June, 1989 passed by the Collector, Hoshangabad, which is Annexure -C to the petition and for issuance of a writ in the nature of mandamus directing the respondents not to compel the petitioner to get the lease deed registered which is exempted under the provisions of law.

(2.) THUS , the only point involved in the petition is whether the lease deed which is in respect of immovable property and is for a period exceeding one year requires registration under the Registration Act, 1908 or not ?

(3.) IN the case, so relied, the facts were that by a public auction held on 23rd November, 1944 lease hold rights in certain Nazul plots in the town of Khandwa were sold and one Trivedi, predecessor of the plaintiffs -appellants Nos. 1 to 5, was declared to be the purchaser in consideration of his bid for a premium of Rs. 35,000/ - and annual ground rent payable by the said purchaser for the said plots was accordingly determined. After due acceptance of the said bid a lease deed dated the 28th January, 1946 was duly executed by the Deputy Commissioner, Khandwa, representing the State Government as the lessor and by Trivedi as the lessee. But before the document could be got registered an application was made on behalf of the plaintiffs to the Nazul Officer on 21st April, 1946 that the lease deed may be drawn in favour of all of them as they had entered into a partnership and they would be holding that plot as such partners for purposes of erecting a cinema theatre hall thereon to be run in partnership. The matter was, therefore, referred to the Commissioner and on his acceptance of this alteration another lease deed in favour of all the plaintiffs was drawn up on 5th September, 1946. This deed too could not be executed by all the plaintiffs -lessees till 20th October, 1947 on which date it was registered. Thereafter, the lessees paid ground rent for the years 1948 -49 and 1949 -50. But the Deputy Commissioner, Khandwa by his order dated 20th March, 1950 served on the plaintiffs a notice of demand for rent of the years 1946 -47 and 1947 -48. The plaintiffs disputed their liability to pay the rent as demanded on the ground that there was no lease of the plots in their favour during those two years. However, they paid the amount under protest on 10th May, 1950 and filed the suit for refund of the same against the State of Madhya Pradesh.