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1997 Supreme(SC) 328

S.SAGHIR AHMAD, K.RAMASWAMY
Satish Kumar – Appellant
Versus
Zarif Ahmed – Respondent


ORDER

This appeal by special leave arises from the judgment of the Allahabad High Court, made on October 2, 1982 and August 9, 1983 in Civil Revision No. 3613/78.

2. The admitted position is that the appellant-landlord had entered into an agreement of lease with the respondent-tenant on August 30, 1969 for a period of 11 months for rent @ Rs. 220/- per mensem. Notice of demand for arrears and also for termination of tenancy for non-payment was delivered to the respondent on April 8, 1972. Thereafter, the appellant filed suit on the small cause side for ejectment of the respondent. The trial Court decreed the suit on May 19, 1977. The tenants then filed the revision in the High Court. The learned single Judge referred the following two questions for decision by a Divison Bench :

"1. Whether any term of a lease deed required under Section 107 of the Transfer of Property Act to be registered, could be pressed into service for a collateral purpose within the meaning of the proviso to Section 49 of the Indian Registration Act ?

2. Whether, in the instant case, the relationship of landlord and tenant, the rate of rent and the period for which the origina

















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