Whether lease deed is to be registered in case of tenancy-at-will even though rent was payable yearly?

 In Mt. Aishan v. Municipal

Committee Lahore 92 Ind.Cas. 526 Campbell

J. held that a mere recital of an annual

rate of rent did not constitute the lease,

a lease reserving a yearly rent within the

meaning of Section 17, Registration Act.

The lease in that case was determinable at

any time at the will of the landlord. In

the present case after the expiry of one

year for which the lease was granted, this

lease too was determinable at the end of

Jeth, Sambat 1985. In this aspect the

present lease constituted no more than a

tenancy-at-will after the expiry of the

first year and so appears to be covered by

the decision of Campbell, J. referred to

above. There is considerable body of

authority for the proposition that where

there is a tenancy-at-will created even

though the rent is fixed and is payable

annually, the document is not subject to

compulsory registration. Reference in this

connection may be made to Muhammad Masam

Khan v. Mt. Bakhtawar (1895) 70 P.R. 1895

where a Division Bench held on a

construction of the document before them

that only those leases must be registered

which are in terms for a period exceeding

one year, a lease reserving a yearly rent,

and containing no other provision

establishing a tenancy-at-will, being

presumably a lease from year to year.”

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVI L APPEA L NO. 2617 O F 2020

SIRI CHAND (DECEASED) THR. LRS. Vs SURINDER SINGH .

ASHO K BHUSHAN, J.

Dated:June 17, 2020.

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