1. THE admissibility of an unregistered agreement of tenancy in perpetuity into evidence was challenged by the plaintiff before the learned Trial Judge. THE learned Trial Judge refused to admit the said document into evidence by accepting the contention of the plaintiff.

2. THE defendant is aggrieved by the said order. Hence, he has filed this application under Article 227 of the Constitution of India before this Court.

Heard Mr. Das, learned Advocate for the petitioner and Mr. Bhattacharya, learned Advocate appearing for the opposite party. Considered the materials on record including the impugned order.

3. LET me now consider as to how far the learned Trial Judge was justified in passing the impugned order in the facts of the instant case.

4. THE defendant wanted to prove the tenancy agreement dated 15th December, 1997 by evidence. By the said agreement a tenancy was created in favour of the petitioner in perpetuity by the plaintiff/opposite party herein. Under the said agreement the defendant is required to pay monthly rent of Rs.30 per month. It was also provided in the said agreement that the defendant is required to pay the rent for each month within the next followi