AIR 1937 PATNA 81

Patna High Court

Hon'ble Judge(s): Wort , J

Bihar Tenancy (Amendment) Act (8 of 1934) , S.5— Tenancy-Settlement by unregistered hukumnama-Giving possession and acceptance of rent constitute contract of tenancy-Hukumnama need not be registered-Landlord cannot grant fresh patta to anyone else whether it is registered or not. Where a landlord's son settled certain property with X by an unregistered hukumnama and the landlord accepted rent through his son and the per son so settled got into possession of the property: Held : that it was not necessary to register the hukumnama and that a contract of tenancy was constituted between the parties and that the land lord thereafter could not grant a patta of the same property to anyone else by either a registered or unregistered deed.(Para 81C2 82C1)