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Vairananda Nadar Vs. Miyakan Rowter - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad109
AppellantVairananda Nadar
RespondentMiyakan Rowter
Excerpt:
registration act - act iii of 1877, section 17 (d)--transfer of property act--act iv of 1882, sections 4 and 107--lease of a shop for three years--registration. - 1. section 107 of the transfer of property act is declared to be read as supplemental to the registration act, it is therefore to be read with section 17 (d) of the registration act. the proviso to that clause must, therefore, be restricted to cases not falling under section 107 of the transfer of property act, which absolutely requires the registration of the leases referred to therein. our answer to the question therefore is that leases falling under section 107 of the transfer of property act, are compulsorily registrable not withstanding the government notification issued under the proviso to clause (d), section 17 of the registration act.
Judgment:

1. Section 107 of the Transfer of Property Act is declared to be read as supplemental to the Registration Act, It is therefore to be read with Section 17 (d) of the Registration Act. The proviso to that clause must, therefore, be restricted to cases not falling under Section 107 of the Transfer of Property Act, which absolutely requires the registration of the leases referred to therein. Our answer to the question therefore is that leases falling under Section 107 of the Transfer of Property Act, are compulsorily registrable not withstanding the Government notification issued under the proviso to Clause (d), Section 17 of the Registration Act.


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