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PATNA HIGH COURT
V.Ramaswami and R.K.Choudhary JJ.
Briksh Koeri
Versus
Awadh Bihari Lal
Civil Revision No. 165 of 1957 ; 166 of 1957 ;
Decided On : MARCH 09, 1960
LEASE - AGRICULTURAL LAND - REGISTRATION - COMPULSORY - LEASE FOR MORE THAN ONE YEAR - UNREGISTERED - INADMISSIBLE IN EVIDENCE - SECTION 17 (1) (D) OF THE REGISTRATION ACT.
Fact of the Case:
Plaintiff claimed thika rent for three years with regard to mango and mahua trees. The defense was that no lease was taken of the trees and the Kabuliyats relied upon by the plaintiff were unregistered instruments. The lower Court rejected the argument of the defendants and gave a decree in favor of the plaintiff.
Finding of the Court:
The court held that the right of the defendants to pluck mango fruits or mahua flowers was in the nature of immoveable property and the transactions entered into between the parties were transactions of a lease for agricultural purposes for a period of three years in each case. Therefore, the two documents exhibits 1 and 1 (a), were required to be registered under Sec.17 (1) (d) of the Registration Act, and in the absence of such registration, the two documents cannot be admitted in evidence for the purpose of proving the amount of rent claimed by the plaintiff.
Issues: Whether the right of the defendants to pluck mango fruits or mahua flowers was in the nature of immoveable property.
Ratio Decidendi: The court relied on the definition of immoveable property in Sec.3 (25) of the General Clauses Act, which includes land, benefits arising out of land and things attached to the earth. The court also referred to the decision in Marshall V/s. Green, where it was held that where the contract contemplates that the purchaser should derive a benefit from the further growth of the thing sold, from further vegetation and from the nutriment to be afforded by the land, the contract is to be considered as for an interest in land.
Final Decision: The court allowed the applications, set aside the decree granted to the plaintiff in the two Small Cause Court suits, and dismissed both the Small Cause Court suits.
1. In Small Cause Court Suit No. 481/ 275 of 1956 the plaintiff claimed thika rent with regard to two Mahua trees and a Mango tree for a period of three years at a jama of Rs. 25/- for each tree per year, Similarly, in Small Cause Court Suit 490/282 of 1956 the plaintiff claimed thika rent for three years with regard to three mango trees at a jama of Rs. 20.00 for each tree per year from the defendant of that suit. In both the suits the defence was that no lease was taken of the trees. It was also contended that the Kabuliyats, exhibits 1 and 1 (a), upon which the plaintiff relied, were unregistered instruments and so should not have been admitted in evidence in view of the provisions of Section 49 and Section. 17 (1) (d) of the Indian Registration Act. The lower Court rejected the argument of the defendants and gave a decree in favour of the plaintiff for the amount claimed in both the Small Cause Court Suits.
2. In support of these two applications the main contention put forward by learned Counsel is that the Small Cause Court has committed an error of law in having taken the two unregistered Kabuliyats, exhibits 1 and 1 (a), into evidence in order to prove the claim for rent of the plaintiff. Exhibit 1, the Kabuliyat, upon which the Small Cause Court Suit No. 481/275 of 1958 is based, is in the following terms :
"Sahi Brichh Koiri tin penr mahua wo am 75/-pachhatar repeya salana ke hisab se (tinsala -- torn) ka likha wo is ke sabut me apne anguthe ka nisan banaya Ba: Sant Prasad Misra ta: 5 Poos 1360 Fasli.
Li: kabuliyat Brichh Koiri wald Ghamandi Koiri mo: Sa: Alinagar Pr. Rohtas Tha. Sasaram Da: Tilothu ke hun. Age malik Sri Thakur Awadh Bihari Lal Jee motwalli Prosattam Lal Sa. Sasaram Mahale Mahajantoli malik mauza Alinagar ke hain. In se waste tome fal wo benchne ko mahua 2 do penr wo ek penr ami 1, Ha tin sal waste 1860 se jiske malgujari fee darkhat 25/- pachis rupaye ke hisab se mo: 75/- pachhattar Ru. Sri Thakur Malik ko 30 Baisakh har san ada kar denge gar adae kari-men hila hawala karen to kanun mo: sud kharcha adalat ke dendar honge wo hasab zail plot men darkhatan ko apne kabje men dar laenge malgujari kist par ekmust ada kar denge is men koi hila hawala nahi karenge is waste kabuliyat tin sala likha ke wakt par kam awe waje rahe ke ye dar-khan malik ka hai wo malik ne nasab karaya tha. Ta: 5 Poos 1360 Sa:
Khata No Plot No. Darkhata Jins-kism Malgujaridad darkhat
28. men 237 men 1 Mahua 75/- pach-
82 men 1 Mahua hatar ru:
29. men 102 men 1 Am
pachhim
Katik Sant Prasad Misra.
3. The kabuhyat, exhibit 1 (a), relied upon by the plaintiff in Small Cause Court Suit No. 490/282 of 1956, reads as follows:-
"Sahi Jagan Koiri Sa: Alinagar tin penr am ka 60.00 sath rupya salana ke hisab se tin 3 sala ka likha wo iske sabut men apne anguthe ka nisan banaya ba: Sant Prasad Misra Ta: 5 Poos San 1360 Fasli., Li: Kabuliyat Jagan Koiri Wald Godhan Koiri Sa. Alinagar Pr. Rohtas Tha, Sasaram Da: Tilothu ke hun. Age Malik Sri Thakur Awadh Bihari Lal Jee Motwalli Prasottam Lal Sa: Sasaram mahale Mahajantoli malik mauza Alinagar ke hain. In se waste torne benchne fal ko tin penr 3 am liya tin sal waste 1360 Fasli se jiska ma!gujari fee darkhat 20.00 bis repeya ke hisab se mo: 60/ sath rupe Sri Thakur Jee malik ko 30 Baisakh har san ada kar denge gar adaekari men hila hawala karen to kanun motabik sud kharcha adalat ke dendar honge to hasab zail plot men darkhatan ko apne kabje men dar laenge malgujari kist par ek must ada kar denge is men koi hila hawala nahin karenge is waste yad-dast kabuliyat tin sala likha ke wakt par kam awe waje rahe ke ye darkhatan malik ka hai wo malik ne nasab karaya tha Ta: 5 Poos 1360 Fasli.
Khata No.Plot No.Taedad dark
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