( 1 ) THIS appeal is by the defendant in a suit for ejectment. The plaintiff instituted the suit against the defendant alleging that he was a thika tenant liable to ejectment without any notice according to the terms of a kabuliyat executed by him on the 23rd May 1938. The defence of the defendant, inter alia, was that the suit was liable to be dismissed as the plaintiff had no right to terminate the tenancy of the defendant without service of a notice to quit.

( 2 ) THE trial Court accepted the above plea of the defence and held that the document upon which the plaintiff relied, namely, the document of the 23rd May 1938, was not admissible in evidence and therefore the plaintiff was required to serve a notice for the purpose of terminating the tenancy of the defendant. The learned Munsif accordingly dismissed the plaintiff's suit and against that decision the plaintiff filed an appeal The lower appellate Court has come to the conclusion that the document upon which the plaintiff relied was not a lease within the meaning of the Transfer of Property Act and therefore did not require registration and should therefore be admitted into evidence and secondly, even if this d