DHANTI DEVI Vs. FIRM GOYAL IRON TRADING COMPANY

JUDGEMENT

(1.) PETITIONER filed an ejectment application against the tenant which was being contested by him During the course of evidence, petitioner wanted to prove on record the lease-deed which was executed between the parties at the time of letting out of the property in dispute. According to the petitioner, the lease-deed being a rent note was admissible in evidence even if it was not a registered document. This contention of the petitioner was not accepted by the Rent Controller as the Rent Controller relying upon the two judgments of this Court rendered in Choeth Ram v. Deep Chand, (1977) 79 P. L. R. 243 and Nand Kishore v. Jagdish Chander Jain, (1985-1) 87 P. L. R. 215, held that the rent-deed was signed by both the parties and therefore, it required compulsory registration. The petitioner was thus, not permitted to exhibit the said document. This order is being challenged in the present revision petition.

(2.) COUNSEL for the petitioner has made two contentions : firstly, that the two judgments aforesaid have no application to the facts of the present case, and secondly, that even if the said document was an unregistered document, then also it could be looked into for collateral purposes, i. e. to see the nature of possession as well as nature and condition of the building, description of which has been given in the lease-deed, at the time of execution of the lease-deed.

(3.) AS far as the first contention of learned counsel for the petitioner is concerned, I find no substance in the same. Learned counsel has not been able to show how these two judgments do not apply to the facts of the present case. Admittedly, the lease-deed is signed by the landlady as well as by the tenant and is for a period of three months. According to section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument It also provides that all other leases of immovable property are made either by a registered document or by oral agreement accompanied by delivery of possession. In the instant case, once the lease-deed has been reduced into writing, then it does require registration even if the same is for a period of three months, I find force in the second contention of learned counsel for the petitioner. The Supreme Court in Rai Chand Jain v. Ms. Chandra Kanta Khoslas, 1991 (1) R. C. R. 128, has held that unregistered lease-deed executed by both the parties can be looked into for collateral purposes. In the case before the Supreme Court, what was sought to be proved by the unregistered lease-deed was the purpose for which the premises were let out. This was held to be collateral purpose. In this case, the petitioner wants to show from the unregistered lease-deed the nature and condition of the building as well as the purpose for which it was let out. These are collateral purposes and therefore, the document can be looked into for these purposes. The trial Court shall permit the petitioner to exhibit the document only for this limited purpose.