AIR 1996 SUPREME COURT 207 ::1995 AIR SCW 3941 ::(1997) 3 ComLJ 122 ::1995 (6) SCC 520 ::1998 All CJ 1 359 ::(1997) 1 BankCLR 553 ::(1995) 3 CurCC 477 ::(1996) 1 Andh LT 26 ::(1996) 1 LandLR 87 ::(1996) 1 ICC 320 ::(1996) Jab LJ 152 ::(1996) 1 RentLR 147 ::(1996) 4 AndhLD 608

Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): K. Ramaswamy, B. L. Hansaria , JJ

(A) Registration Act (16 of 1908) , S.17(1)(d)— Lease - Registration of - Right to catch fish in tank -Lease for a period more than one year - Its value was more than Rs. 100/- - It is instrument under Article 35(a) of Sch. 1-A, Clauses (1) to (3) of Stamp Act - Requires to be engrossed with required stamp duty and registered under Section 17(1) (d). Stamp Act (2 of 1899) , Sch.IA Cl.(1), Sch.IA Cl.(2), Sch.IA Cl.(3), Art.35(a)— It cannot be controverted that catching fish from the tank would be a benefit arising out of the land. Therefore, it is an immovable property. Even though it is profits a prendre, since it is a benefit to arise from the land, it is an immovable property. If its value is more than Rs. 100/- or the lease is on year to year basis, it is a compulsorily registrable instrument under Section 17(1) (c) of Registration Act. It is an instrument under Art. 35(a) of Schedule 1-A, Clauses (1) to (3) of the Stamp Act. Therefore, it requires to be engrossed with required stamp duty and registered under Section 17(1) (d). In the instant case lease as regards to right to catch fish in tank was for more than one year and its value was more than Rs. 100/-, it would be compulsorily registerable under Section 17(1) (d) of Registration Act, and liable for stamp duty under Stamp Act. Case law discussed.(Para 6 ....