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Ramasamy Aiyar and anr. Vs. Thirupathi Naick - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtChennai
Decided On
Reported in(1903)13MLJ356
AppellantRamasamy Aiyar and anr.
RespondentThirupathi Naick
Excerpt:
- .....registration act as if it were a lease. but treating it as a lease, we do not think that it requires registration under section 17 of the act. it does not in terms purport to be for a period exceeding five years, nor does the rent reserved by it exceed rs. 50 per annum.2. it is therefore exempted from registration by the notification of government published under that section.3. it is argued that by custom a lease of this kind entitles the grantee to hold permanently. it may or may not be so ; but the criterion for registration is what is expressed on the face of the document.4. if we had to go into the question of what incidents are annexed by custom to grants of the kind, we would have to bear in mind that one of such incidents is that the tenant can relinquish the holding at the end.....
Judgment:

1. We think that the endorsement of the Manager on the memorandum of darkhast, which endorsement was communicated to the applicant, must be taken to be an agreement to lease and therefore to be subject to the provisions of the Registration Act as if it were a lease. But treating it as a lease, we do not think that it requires registration under Section 17 of the Act. It does not in terms purport to be for a period exceeding five years, nor does the rent reserved by it exceed Rs. 50 per annum.

2. It is therefore exempted from registration by the Notification of Government published under that section.

3. It is argued that by custom a lease of this kind entitles the grantee to hold permanently. It may or may not be so ; but the criterion for registration is what is expressed on the face of the document.

4. If we had to go into the question of what incidents are annexed by custom to grants of the kind, we would have to bear in mind that one of such incidents is that the tenant can relinquish the holding at the end of any fasli and therefore before the expiry of five years.

5. The appeal therefore fails and is dismissed with costs.


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