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HusaIn Bakhsh and anr. Vs. Khayali - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1886)ILR8All198
AppellantHusaIn Bakhsh and anr.
RespondentKhayali
Excerpt:
lease - lease for one year--lease exceeding one year--act iii of 1877 (registration act), sections 17(d), 18(c). - oldfield and tyreell, j.1. the lower appellate court has taken a right view of the lease executed in may of 1880 between the parties.2. it was a lease for one year only, and, thus falling under section 18 of the registration act, it was admissible in evidence without registration. the principle laid down in band v. hall l.r. 2 ex. d. 355 by the court of appeal is applicable, and the case cited by the court below is in point. the appellant therefore has been a mere tenant-at-will since the expiry of the year 1880-81, and the respondents are entitled to the relief accorded to them by the lower appellate court. the appeal is dismissed with costs.
Judgment:

Oldfield and Tyreell, J.

1. The Lower Appellate Court has taken a right view of the lease executed in May of 1880 between the parties.

2. It was a lease for one year only, and, thus falling under Section 18 of the Registration Act, it was admissible in evidence without registration. The principle laid down in Band v. Hall L.R. 2 Ex. D. 355 by the Court of Appeal is applicable, and the case cited by the Court below is in point. The appellant therefore has been a mere tenant-at-will since the expiry of the year 1880-81, and the respondents are entitled to the relief accorded to them by the Lower Appellate Court. The appeal is dismissed with costs.


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