ISHER LAL Vs. TH MOTI SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 24th May. 1969 of the learned Sub Judge Udhampur, whereby while observing that the document dated 13th January, 1967 on the basis of which the present suit for recovery of Rs 1000/ - the balance of the consideration fixed for allowing the petitioner to excavate and carry away earth for preparation of bricks from the respondentâ„¢s land measuring 16 kanals situate in Omarah, Tehsil Udhampur, for two seasons from Phagan 2023 Samvat to Poh 2024 was brought was compulsorily registrable according to Section 17 1 b of the Registration Act hereinafter referred to as the Actâ„¢ he held that the same could be admitted in evidence for the collateral purpose of proving the consideration fixed by it.

(2.) MR . Kuldip Raj appearing on behalf of the petitioner has submitted that while the learned Sub Judge was right in coming to the conclusion that the aforesaid document created a right in immovable property and as such required registration as provided by Section 17 1 b of the Act, he has erred in holding that it could be admitted in evidence. He has further submitted that payment of compensation of Rs -

(3.) ,000/ - for excavation and removal of earth was an essential and not a collateral term of the agreement between the parties and the document not having been registered as required by the Act it could not be admitted in evidence even for the purpose of proving the consideration stipulated by it. 3 Mr. Kotwal appearing on behalf of the respondent has on the other hand contended that the transaction evidenced by the document amounted to a lease and its duration being limited to less than a year, its registration was not compulsory. He has further submitted that the document was sought to be let in evidence merely for a collateral purpose which is not prohibited by the provisions of Section 49 of the Act.