A month-to-month tenancy can be terminated by either the lessor or lessee by giving 15 days' notice expiring with the end of a month of the tenancy.

( 1 ) THE plaintiffs have filed the application (IA No. 2546/ 98 under Order 12, Rule 6, Civil Procedure Code for judgment on admissions.

( 2 ). To appreciate the merits of the controversy, it will be necessary to give brief narrative of the material facts. The plaintiffs filed the present suit for eviction of the defendant from the 2nd floor of the premises No. 6, Community Centre, Basant Lok, Vasant Vihar, New Delhi (hereinafter called the suit premises ) and for recovery of Rs. 8,46,861. 00 as compensation for use and occupation of the suit premises from 1. 7. 1995 to September, 1995 besides future mesne profits @ Rs. one lac per month. According to the plaintiffs, the defendant took the suit premises on rent after executing an unregistered lease deed dated 3. 6. 1986 in favour of the plaintiffs. The rent last paid by the defendant was Rs. 25,094. 00 per month. Since the defendant s tenancy was from month-to-month, the same was terminated w. e. f. 2. 3. 1995 by the notice dated 7. 1. 1995. Despite service of the said notice under Section 106 Transfer of Property Act, the defendant did not vacate the suit premises.

( 3 ). The defendant resisted the suit and in the written statement apart from raising other objections regarding maintainability of the suit for non-joinder of M/s. P. Talwar and Co. , it was asserted that the notice dated 7. 1. 1995 is invalid as the tenancy was not terminated by M/s. P. Talwar and Co. , one of the joint landlords and further the contract of tenancy stands renewed till 3. 6. 1998 and thus the plaintiffs suit for eviction is premature. It was also asserted that the amount of mestu profits claimed by the plaintiffs is highly excessive.

( 4 ). It is an admitted position that on 3. 6. 1986, the suit premises were leased out to the defendant at a monthly rent of Rs. 16,500 for a period of three years vide unregistered lease deed dated 3. 6. 1986. According to the lease agreement, the lease was renewable for a further period of three years with the mutual consent of the parties by paying 15% increased rent. It is also undisputed that the rent last paid by the defendant was Rs. 25,094. 00 per month. Learned Counsel for the defendant contended that since the defendant has been paying increased rent to the plaintiffs, the contract of tenancy stands renewed till 3. 6. 1998 in accordance with the terms of the lease agreement dated 3. 6. 1986 and that being so, the notice dated 7. 1. 1995 is invalid and the present suit for eviction is premature. I am unable to accept the aforesaid submissions of the learned Counsel. Section 107 of the Transfer of Property Act postulates that 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. In the absence of registered instrument, it must be a monthly lease. In view of the said provisions, since the lease was for a period exceeding one year, it could only have been extended by a registered instrument executed by the plaintiffs and the defendant. In the absence of registered instrument, the lease shall be deemed to be "lease from month-to-month". The unregistered lease deed dated 3. 6. 1986 is clearly inadmissible in evidence under Section 49 of the Registration Act, except for the collateral purpose of proving the nature and character of possession of the defendant. The proviso to Section 49 of the Registration Act is not applicable in the present case inasmuch as the terms of a lease are not a "collateral purpose" within its meaning. (Satish Chand v. Govardhan Das, AIR 1984 SC 143 ). Thus, the lease deed dated 3. 6. 1986 is inadmissible in evidence to prove the transaction of lease. It was also ineffectual to create a valid lease for a renewed term for want of registration under Section 17 of the Registration Act. Consequently, I find and hold that in the instant case, the lease shall be deemed to be a lease from month-to-month, terminable, on the