AIR 1968 PATNA 302 ::1968 BLJR 93 ::ILR 46 Pat 1315

Patna High Court

Hon'ble Judge(s): R. L. Narasimham , C.J. AND R. K. Choudhary, Nand Lall Untwalia, Tarkeshwar Nath, Ramratna Singh , JJJ

(A) Bihar Tenancy Act (8 of 1885) , S.5(2), S.20, S.21— Tenancy Laws - Raiyati interest - Creation - Proof. A valid agricultural lease may be created by registered instrument as pointed out in AIR 1948 Patna 446, and if such a registered document is created, delivery of possession is not necessary to prove the title of the lessee. If, however, the lease is not registered, and is, therefore, inadmissible as evidence of title, it will always be open to the tenant concerned to show that he obtained raiyati interest on the strength of actual possession and acceptance of rent by the landlord : AIR 1924 Pat641 and AIR 1941 Pat 577 and AIR 1946 Pat 22 and AIR 1946 Pat 407 Rel.on : (1937) 18 Pat LT 1012 and AIR 1961 Pat 308 and AIR 1964 Pat (FB) and AIR 1955 SC 328 and AIR 1952 Pat 384 and AIR 1960 Pat 344 (FB) and AIR 1957 Pat 278 Disting. There is also no legal bar to a person claiming raiyati interest on two alternative pleas. He may claim such a right on the basis of a written document of lease. If, however, such claim fails on the ground that the document being compulsorily registrable, was not registered, nevertheless his alternative claim based on actual possession, coupled with acceptance of rent by the landlord may succeed. In that case, the unregistered lease will be admissible for the collateral purpose of proving the nature of possession : Case law disc....