PADAN CHOWDHURY AND ANR. Vs. ADIKANDA KUANAR

JUDGEMENT

(1.) DEFENDANTS are the Petitioners. In course of trial, Plaintiff opposite -party wanted to prove a lease -deed dated 23 -2 -1945 in support of his case. Petitioners raised objection that the document was unstamped and as such was not admissible in evidence.

(2.) ARTICLE 35 of Schedule I of the Indian Stamp Act 1899 (2 of 1899) mentioned an exemption which thus

(3.) THE contention of Mr. P. Mohanty is that the expression "when a definite term is expressed" is mandatory, and the next clause "such term does not exceed one year, or when the annual rent reserved does not exceed one hundred rupees" is in the alternative. In other words, his contention is that unless a lease is for a definite term, it is not entitled to exemption. According to him a lease must b for a definite term and over and above it must satisfy one of the two alternative conditions, viz. that it would either be for less than one year or the annual rent reserved would be less than one hundred rupees.