AIR 1978 SUPREME COURT 298 ::1978 ALL. L. J. 10 ::1978 (1) SCC 519 ::1977 3 All LR 386 ::1978 (1) RenCR 367 ::1978 (1) RentLR 240 ::1978 (2) RenCJ 199 ::1977 2 SCWR 443

Supreme Court Of India

(From: Allahabad)

Hon'ble Judge(s): Y. V. Chandrachud, P. K. Goswami, P. N. Shinghal , JJJ

Transfer of Property Act (4 of 1882) , S.105— Lease - Creation of - Interpretation of Kabuliyat. A Municipality passed a resolution according to which A and B were put in possession of an open plot of land. They were entitled to put at their own cost a construction on the land but such construction was to be long to the Municipality on the determination of lease. A and B had executed Kabiliyat. Held the combined effect of the resolution and the Kabuliyat was not to create a lease and therefore the question of registration of lease did not arise. A and B were entitled to remain in possession of the lease-hold property, not as yearly tenants or under a lease from year to year or under a lease reserving yearly rent, but for a period of one year at a time only, subject to two facilities available to them. Firstly, they were entitled to pay the rent in one lump sum for the whole year and secondly, at the end of every year they were entitled to continue in possession of the lease premises for yet another year and so on.(Para 3 4) Anno: AIR Comm., T. P. Act. 4th Edn., S. 105 N. 9 .....