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1978 DIGILAW 323 (MP)

Ramchandra v. Chhotu

1978-04-12

G.G.SOHANI

body1978
Short Note : The tenancy of the defendant-appellant was determined with the expiry of the month of January 1967 by a notice dated 2nd December 1966, which was received by the defendant on 6th December 1966. It was contended by the appellant-defendant that the lease in question was a permanent lease granted to the defendant's predecessor-in-title for building purposes and hence the tenancy could not be terminated. Held : It is not disputed that the lease deed Ex.P/1, which reserves yearly rent, is unregistered and is, therefore, inadmissible in evidence for want of registration. The terms of the said deed can also not be looked into for the purpose of ascertaining the terms of the tenancy as that would not be a collateral purpose within the meaning of the proviso to section 49 of the Registration Act, 1908. Defendant raised other points also to show that the notice determining the tenancy was not valid, but those points were not raised in the written-statement. The Courts below have found, on the basis of the material on record, that the tenancy was from month to month. This is a finding of fact. In view of this finding, it must be held that the lease has been validly determined by a quit notice duly given in accordance with section 106 of the Transfer of Property Act, Appeal dismissed with costs.