DHURABHAI BHULDAS PATEL Vs. MOHANLAL MAGANLAL SHAH

JUDGEMENT

(1.) The question before us is as to the construction of a lease with reference to the provisions of the Registration Act, Section 17, Sub-section 1 (d); in other words, the point to be decided is whether this particular lease is compulsorily registrable as being a lease of immoveable pro perty from year to year or for any term exceeding one year.

(2.) The trial Court held that the lease was compulsorily registrable under this section, but the learned Joint Judge has taken the other view.

(3.) The rent note which witnesses the lease of the property is in the following words :- We have taken these three fields for cultivation from you yearly (dur salne mate) on condition that we are to pay the assessment. We shall go on paying the assessment to Government so long as you give us the fields for cultivation. In consideration of this we are to have the produce of Nos. 167 and 199. As regards No. 173 we will give you half of whatever the produce may he. We have taken the land for cultivation under the above conditions. If we say anything false or unfair, or if you come to hear of any fraud or deceit on our part or if we practise such fraud or deceit, we will restore possession of the fields to you as soon as you ask us to do so. We shall raise no objection to doing so. You may let the fields for cultivation to any one you please.