Point of Law: In the absence of registration of a document, what is deemed to be created is a month to month tenancy, the termination of which is governed by Section 106 of the Act.

JUDGMENT :

B.Krishna Mohan, J.

CMA No.210 of 2021: This Civil Miscellaneous Appeal is preferred against the Order in I.A.No.308 of 2021 in O.S.No.6 of 2021 on the file of V Additional District Judge, Allagadda dated 26.07.2021 dismissing the application for grant of temporary injunction in favour of the appellant/petitioner/plaintiff.

2. Heard the learned counsel for the appellant and the learned counsel for the respondents.

3. The appellant herein is the petitioner in the I.A., and the plaintiff in the suit before the Court below. The respondents herein are the respondents in the I.A., and the defendants in the suit before the Court below.

4. The appellant initiated an action in O.S.No.6 of 2021 on the file of V Additional District Judge, Kurnool at Allagadda against the respondents seeking permanent injunction and other reliefs with reference to the suit schedule property of Ac.0-70 cents situated in Door No.9/17/100, (Old No.66) in Sy.No.365/1 of Allagadda town containing godown, RCC building with upstairs and ginning machinery with specific boundaries as mentioned in the plaint schedule.

5. It is the case of the appellant that as a lessee of the 1st respondent the suit schedule property was taken on an oral lease in the month of August, 2015 initially for a period of three years at the rent of Rs.5,000/- per month. An advance amount of Rs.10,000/- was paid to the 1st respondent by executing a lease agreement on a Rs. 100/- non-judicial stamp paper for the lease period commencing from 19.09.2015 to 19-09-2018 signed by both the appellant and the 1st respondent. The appellant was inducted into possession of the suit schedule property pursuant to the above said oral lease itself for running the ginning mill. As per the above said agreement, electrical charges are being paid by the appellant only. The appellant has further improved the said property with the construction of verandah and installation of grading machines with the consent of the 1st respondent. The Commercial Tax Department, Nandyal also gave certificate of Registration to the appellant on 13.10.2015 with effect from 01.10.2015 and the same is in force. The appellant also obtained VAT Registration certificate and GST Registration certificate dated 25.09.2017. After expiry of the above said lease period, the appellant sought for an extension of the said lease by another period of five years and the same was accepted orally by the 1st respondent with an agreed rent of Rs.10,000/- per month. Accordingly the rent has been being paid without any default. The appellant also filed GST returns under Form GSTR 3B upto date till March, 2021. Thus, the appellant has been running the decodicator machines in the suit schedule property for ginning of groundnut, groundnut seeds and cotton by spending huge sums of money for further constructions, machinery and the office furniture. Due to the Pandemic of Covid-19 the appellant could not run the said ginning mill in the suit schedule property since March 2020 onwards and opened it recently from January 2021 onwards. As the respondents tried to dispossess the appellant on 21.04.2021 it was constrained to institute the above said suit. Pending the same, it has also filed the above said I.A. for grant of temporary injunction against the respondents for protecting it’s possession and running of the business/mill in the above said petition schedule property.

6. The respondents filed the written statement and as well as the counter for the above said I.A. opposing the said relief on the ground that the above said lease agreement was a forged one and not admissible in evidence as it is an unregistered document. In the course of enquiry of the above said I.A. before the trial Court Exs.A1 to A8 were marked for the appellant and Exs.B1 to B9 were marked for the respondents. Upon hearing the matter on merits, the Court below dismissed the above said I.A. on the grounds that the above said lease deed dated 19.09.2015 marked as Ex.A1 is an unregist