Case Note & Summary
The petitioner, a defendant in a civil suit, challenged an interlocutory order of the trial court that held four unregistered lease deeds produced by him as inadmissible in evidence. The petitioner argued that three of the lease deeds had a term not exceeding one year and thus did not require compulsory registration under Section 17(1)(d) of the Registration Act, 1908. The High Court examined the interplay between Section 17(1)(d) of the Registration Act and Sections 4 and 107 of the Transfer of Property Act, 1882. The court noted that Section 107 of the Transfer of Property Act requires a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, to be made by a registered instrument. However, Section 4 of the Transfer of Property Act provides that the chapters and sections of that Act which relate to contracts are to be taken as part of the Indian Contract Act, 1872. The court reasoned that a lease deed, even for a term not exceeding one year, is a contract and therefore must comply with the Registration Act. The court held that Section 17(1)(d) of the Registration Act requires registration of all lease deeds, regardless of the term, and that unregistered lease deeds cannot be received as evidence of any transaction affecting the property. Consequently, the writ petition was dismissed, affirming the trial court's order.
Headnote
A) Registration Act - Lease Deed Registration - Section 17(1)(d) - Transfer of Property Act - Sections 4 and 107 - The court considered whether a lease deed with a term not exceeding one year requires registration. Held that such lease deeds also require registration under the Registration Act, 1908, and unregistered lease deeds cannot be received as evidence of any transaction affecting the property. (Paras 1-3.1)
Issue of Consideration
Whether a lease deed where the term of lease stated therein does not exceed one year requires to be registered under the Registration Act, 1908.
Final Decision
The writ petition was dismissed. The court held that lease deeds, even with a term not exceeding one year, require registration under the Registration Act, 1908, and unregistered lease deeds cannot be received as evidence of any transaction affecting the property.
Law Points
- Registration Act
- 1908
- Section 17(1)(d)
- Transfer of Property Act
- 1882
- Sections 4 and 107
- lease deed registration
- admissibility of unregistered lease deeds
