2019 C L C 909
S.17--Transfer of Property Act of 1882, S.107-- Registration Act of 1908.
Lease agreement for a period of ten years not registered.
In case a lease agreement was so required to be registered but not registered with the Registrar of documents then the lease agreement was bad in law.
Lease of immovable property from year to year or for a term exceeding one year or reserving a yearly rent could only be made through a registered instrument, as mandated by S.107 of the Transfer of Property Act, 1882 and S.17(d) of the Registration Act, 1908.
Consequently, the relationship between such a landlord and the tenant beyond the initial period of eleven (11) months was to be regulated by the provisions of the statute in question i.e. the Cantonments Rent Restriction Act, 1963.
Such a tenant became a statutory tenant and the tenancy continued on a month to month basis.
In the present case, the lease agreement was for a period of ten years, however it was not registered.
Admittedly, the initial eleven (11) months of the tenancy had already lapsed.
Tenant was, therefore, a statutory tenant thereafter and the tenancy was to continue on a month to month basis.
Plea of tenant that the lease agreement was for a period of 10-years and was not terminable prior to the lapse of the stipulated 7-years was not sustainable and was accordingly repelled.
Appeal was dismissed in circumstances.
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