H.G. Ramesh, J.

1. Whether a lease deed, where the term of lease stated therein does not exceed one year, requires to be registered under the provisions of the Registration Act, 1908 is the question that needs an answer in this writ petition.

The question is answered in the affirmative. In law, the lease deeds of the aforesaid kind also require to be registered and therefore, such unregistered lease deeds cannot be received as evidence of any transaction affecting the property.

2. This writ petition by the defendant is directed against an interlocutory order dated 26.03.2014 passed by the trial Court in the suit in O.S.No. 10/2009 wherein the trial Court has held that the four unregistered lease deeds produced by the petitioner are inadmissible .in evidence.

3. The contention urged in support of the writ petition is that, in three of the aforesaid four lease deeds, the term of lease does not exceed on e year and therefore their registration is not compulsory in view of S.17(l)(d) of the Registration Act, 1908 and hence, refusal of the trial Court to receive them in evidence is erroneous in law. To examine the contention urged, it is necessary to refer to the following provisions of the Transfer of Property Act, 1882 and the Registration Act, 1908.

3.1 Sections 4 & 107 of the Transfer of Property Act, 1882 read as follows:

S.4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.— The Chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract Act, 1872 (9 of 1872)

And section 54, paragraphs 2 and 3, and sections 59, 107 and 123 shall be read as supplemental to the Indian Registration Act, 1908 (16 of 1908).

S.107. Leases how made.—-A lease of immovable property from year to year, or for any term exceeding one year or reserving a yearly rent, can be made only by a registered instrument.

All other leases of immovable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession.

Where a lease of immovable property is made by a registered instrument, such instrument or, where there are more instruments than one each such instrument shall be executed by both the lessor and the lessee:

Provided that the State Government may from time to time, by notification in the Official Gazette, direct that leases of immovable property, other than leases from year to year, or for any term exceeding one year, or reserving a yearly rent, or any class of such leases, may be made by unregistered instrument or by oral agreement without delivery of possession.

(underlining supplied)

3.2 Sections 17(1) 8& 49 of the Registration Act, 1908 read as follows:

S.17. Documents of which registration is compulsory.—(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:-

(a) instruments of gift of immovable property;

(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;

(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and

(d) leases of immovable property from year to near, or for anu term exceeding one near, or reserving a nearly rent;

(e) non-testamentary instruments transferring or assigning any decree or order of a. court or any award when such decree or order or award purports or operates to create,