AIR 1977 SUPREME COURT 2425 ::1977 U J (SC) 629 ::1978 All Rent Cas 220 ::1977 4 SCC 324 ::1978 BB CJ 9 ::1978 (1) RenCR 41 ::1978 (1) RentLR 64 ::1978 (1) SCR 516 ::1978 (1) RenCJ 37

Supreme Court Of India

(From :- (1976) 3 Cal HC (N) 592)

Hon'ble Judge(s): A. C. Gupta, S. Murtaza Fazal Ali , JJ

Transfer of Property Act (4 of 1882) , S.53A, S.105— Decree for eviction - Revision by tenant - Revision disposed of by High Court in terms of compromise petition - Compromise not registered - Effect - Right of tenant. The appellant Company was the sub-lessee of the disputed premises. A suit for eviction was decreed against it. The review application filed by the appellant having been dismissed it applied for revision before the High Court. The revision was ultimately disposed of in terms of a petition of compromise under which the appellant would become a direct tenant on payment of monthly rent and the lease would be for a period of 16 years. No deed of lease was however executed nor the petition of compromise containing the terms of settlement was registered. On the expiry of the period of lease the landlord issued notice to quit and vacate the premises. Held, that the petition of compromise required registration, and this not having been done it could not create any interest in favour of the appellant in the premises though he was entitled to protect his possession for a period of sixteen years under section 53A of the Transfer of Property Act. Further the payment and acceptance of rent made in terms of the unregistered compromise petition did not give rise to a right of tenancy and on the expiry of the said period he had no protection aga....