S MOHINDER SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) THE question, which precisely falls for determination in this petition is : whether a document of lease of immovable property which is for a period of less than a year and does not reserve yearly rent is inadmissible in evidence because it is not registered ?

(2.) IN a suit for recovery of arrears of rent, brought by the plaintiff -respondent against the defendant - petitioner, an objection was taken on behalf of the petitioner, that the lease -deed even though for a period of 11 months, and not reserving yearly rent, was still inadmissible in evidence as the same was not registered. This objection has been over -ruled by Munsiff, Sub -Registrar, Jammu, trying the suit, hence the revision petition.

(3.) SECTION 107 of the Jammu and Kashmir Transfer of Property Act runs into two parts. The first part provides that leases of immovable property for any term exceeding one year and reserving yearly rent exceeding Rs. 50/ - can be made only by a registered document. Its second part says that all other leases of immovable property may be made either by a registered instrument or by an oral agreement coupled with delivery of possession. The proviso added to the second part, however, empowers the Government to declare that all classes of leases, Of any class of such leases as are covered by the second part may be made either by an unregistered instrument or by oral agreement without delivery of possession. The proviso, therefore, does not empower the Government to provide a different made of making a lease for a period exceeding one year and reserving yearly rent of more than Rs. 50/ - which must be made by a written instrument duly registered. The only difference between the State Act and the Central Act so far as the first part of Sec. 107 is concerned is, that whereas under the State Act two conditions i.e., lease period exceeding one year and yearly rent exceeding Rs. 50/ - have to be satisfied before provisions of the first part of Sec. 107 may be attracted to a lease, under the Central Act, only one of the two conditions is enough to make it applicable. The provision contained in part two are, however, identical in both the Acts. As would appear from its language, part two prescribes only two modes of making leases which do not fall under the first part, i.e., either by a written instrument, duly registered, or by oral agreement accompanied by delivery of possession of the lease -hold.