HAJI FATEH RATHER Vs. ANWAR SHEIKH

JUDGEMENT

(1.) An important question of law of general importance has been referred to this bench by a learned single Judge of this court for determination. The question formulated by the learned single Judge is as under :-

(2.) In fact this question has arisen because in S. Mohinder Singh v. Sh. Mohinder Singh reported in 1980 Srinagar LJ 158 Kotwal, J. has held that a document of lease of immoveable property which is for a period of less than a year and does not reserve yearly rent is inadmissible in evidence for want of registration. Therefore, validity of this authority also is called in question by the referring Judge.

(3.) Section 107 of the T. P. Act is in two parts and there is a proviso added to it. For proper appreciation of the question involved in this reference, it will be profitable to reproduce S.107 of the T. P. Act :