NAROTTAMDAS LALLUBHAI PATEL Vs. BAI DHANLAXMI

JUDGEMENT

(1.) These three suits arise from a lease executed by one Dhanlaxmi to Narottamdas, on August 27, 1919, whereby Dhanlaxmi let out to Narottamdas a certain area of land for a period of three years at a certain rent. On September 30, 1919, the plaintiff alleged that the tenant surrendered the lease to her on payment of Rs. 15,000, being allowed to remain in possession for four months longer in order to remove his timber. But he did not surrender possession, and, therefore, was liable for damages.

(2.) The question arose whether the two documents passed between the parties on September 30, 1919, required registration. The document passed by the tenant Narottamdas was as follows: I have taken on rent from you your land for Lati lying close to Kabir Wadi out of your land bearing Survey No. 320 situate within the sim limits of mouje Sher Kotda. The time fixed in respect thereof is three years, which has not yet expired, but you have to build a market on the land on which there is my Lati, for that reason an understanding is arrived at between you and me and the land on which there is a Lati which is in my possession will be considered as being in your possession from this day. Now I shall have no right to the remaining period in respect of the rent note. And at present there are lying my pieces of timber wood and I am to remove the same within four-months from this day, that is to say, by the 15 of Pos Sud of Samvat 1976, (i.e., January 5, 1920) and deliver the land into your possession and I am not to raise any objection with regard to the same. But the rent note which has been newly passed, is to be considered null and void and there is no dispute or objection as regards the fixed period, because you have satisfied my mind by payment of Rs. 15,000 to me in respect of my incomplete period. Therefore, the land in my possession shall be considered as being in your possession from this day, only. I shall remove the wooden pieces by the abovementioned time and deliver possession.

(3.) The document passed by Dhanlaxmi was, some what shorter: I have let out on rent to you land for Lati our or my land situate within the sim limites of mouje Slier Kotda and bearing (Survey No. 320). The time fixed in respect thereof is three years which has not yet expired. But I have to build market on the said Lati land. Therefore, you have, of your own accord, entered into an agreement with me and have given up your right in respect of the period, of the rent note from this day and you should remove your pieces of timber wood within four months from this day, that is by the 15 of Pos Sud of Samvat 1976 (January 5, 1920) and deliver the land into my possession and I should let out to you on rent for a period of three years 400 yards of land out of my other land situate near Panch Kuwa Ravdi Bazar, which has been given to Bogha Patel and others.