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1977 Supreme(SC) 162

P.K.GOSWAMI, P.N.SHINGHAL, Y.V.CHANDRACHUD
SHAFIQUDDIN – Appellant
Versus
PYARELAL – Respondent


Judgment

CHANDRACHUD

( 1 ) MR. Mishra on behalf of the appellants has raised in this appeal the question whether a lease of immovable property from year to year or reserving a yearly rent requires registration and whether if such a lease is not registered, It can confer any legal right or title on the so-called leases. Apart from the fact that this question is settled by a long course of decisions, it appears to us that the question does not properly arise on the facts of the case.

( 2 ) UNDER a resolution passed by the Municipal Board of Budaun which is respondent 3 of this appeal, respondents 1 and 2 were put in possession of an open plot of land. They were entitled under the terms of the resolution to put up at their own cost a construction on the land but such construction was to belong to respondent 3 on the determination of the lease. Respondents 1 and 2 took appellant 2, who is the father of appellant 1, as a partner in the business which was being conducted by them in the shops constructed by them on the leasehold property. On the dissolution of the partnership, respondents 1 and 2 called upon the appellants to vacate the partnership premises, whereupon the appellants contend



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