A lease of immovable property for a term exceeding one year or reserving a yearly rent must be created by a registered instrument under Section 107 of the Transfer of Property Act, 1882.

Satyeshwar Roy, J.

Defendant is the appellant. .

2. The respondent filed the suit for eviction of the appellant from a building on the ground that the appellant had defaulted in paying rent from 15.4.1983 to 14.7.1983 (three months), that the respondent required the building for his own use and occupation, that the appellant had committed breach of the terms of tenancy and that the period for which-the building was let out had expired.

3. There was no dispute between the parties that the month was not according to English calender month but it began from 15th of a month and ended on 14th of the next following month. On the point of default, according to the respondent, the rent was neither paid nor validly remitted for three months, i.e, from 15.4.1983 to 14.7.1983. On the point of personal necessity it was stated by the respondent that he was an old man of 85 years and the accommodation was a very small portion of the ground floor, 'which was not" sufficient for his family; and his nephews and nieces are dependent on him. He required the building for him including his nephews and nieces and also for starting a Dharam Sala. So far the' breach of terms of the tenancy was concerned, it was asserted that anti-social elements were allowed to reside in the hotel premises. So far the expiry of period of lease was concerned, it was asserted in the plaint that the building was let out to the appellant for a period of 11 months from 15.8.1982 which expired on 14.7.1983.

All these were controverted by the appellant in his written statement. So far the default was concerned, it was stated that he tendered the rent to the respondent and as he refused to accept the same, he remitted it by money order., So ,far the personal necessity was concerned, it was stated that the respondent has large accommodation in a separate building in which he inducted several tenants. The respondent had suitable accommodation at his disposal. The family of the respondent consisted only of him self and his wife. Starting of Dharam Sala could not be said to be a personal necessity. The allegation of breach of the terms of tenancy was also denied. So far expiry of the period of lease was concerned, it was, inter alia, stated that as the building was let out on the basis of written instrument, it required registration and as it was not done it was not admissible in evidence. Tile appellant, was a tenant month to month.

4. The court below did not accept the case of the respondent on default, personal necessity and breach of the terms of tenancy. It, however, accepted the' case that as the period of lease had expired the appellant was liable to be evicted.

5. The court below framed eight issues of which, in view of the submissions made on behalf of the parties, the relevant are:

"3. Whether the tenancy is for a fixed period and' the same has expired.

4. Whether the appellant was defaulter within the meaning of law.

5. Whether the respondent required the premises reasonably, bonafide and in good faith."

6. The points for determination in this appeal are:

(i) Whether the instrument, exhibit 2 was the basis' of lease or not and if it was the basis of the lease whether it was compulsorily registerable.

(ii) Whether the appellant had defaulted in paying the rent for the period 15.4.1983 to 14.7.1983; and

(iii) Whether the respondent required the building for his own use and occupation.

7. So far 'point no. (i) is concerned, that has been discussed by the court' below in issue no. 3. It is the admitted case of the parties that exhibit 2. was executed by both,: the parties. The court below relying in Om Prakash vs. Additional Commissioner, Patna Division, Patna : A.I.R. 1956 Patna, 305, held that the Bihar Buildings Lease, Rent and Eviction Control Act, (the Building Act) was a self contained Act and no recourse can be had to the provisions of the Transfer of Property Act (T. P. Act for short) to see whether the exhibit 2 was compulsorily registerable or not. It appears from t