AIR 1968 PATNA 26

Patna High Court

Hon'ble Judge(s): R. K. Choudhary, G. N. Prasad , JJ

(A) Transfer of Property Act (4 of 1882) , S.106, S.107— Unregistered kirayanama for a term of three years on monthly rent for residential purposes - Not operative as valid lease - Inadmissible in evidence for proving transaction - Oral evidence excluded by S.91 Evidence Act - Duration of tenancy to be determined in accordance with S.106 Transfer of Property Act - Tenancy is month to month tenancy and cannot be treated as for one year. AIR 1933 Pat 485 and (1913) 20 Ind Cas 715 (Cal) and (1913) 17 Cal LJ 167 held impliedly overruled by AIR 1952 SC 23. Registration Act (16 of 1908) , S.17, S.49— Evidence Act (1 of 1872) , S.91— An unregistered document of kirayanama purporting to create a tenancy in a house for residential purposes for a term of three years on a monthly rent is insufficient to create a valid lease having regard to the provisions of S. 107 T.P. Act. Such a document cannot be relied upon to prove the transaction itself. It would be inadmissible in evidence under S. 49 Registration Act and oral evidence of its terms will be precluded by the provisions of S. 91 Evidence Act. In the absence of a valid lease the duration of the tenancy must be determined by the provisions of S. 106 T. P. Act. There is also no evidence of a contract or local law or usage to the contrary within the meaning of Section 106 of the Transfer of Property Act....