A Memorandum of Settlement that does not create or transfer any legal rights or interests in property does not require registration.

( 1 ) AGGRIEVED by an order of the Additional Rent Controller whereby an eviction order was passed against the petitioner on 24th April, 1989 under Section 14 (1) (e) of the Delhi Rent Control Act, the petitioner has filed the present civil revision petition.

( 2 ) MR. Duggal, learned Counsel for the petitioner, at the outset, contended that the petitioner has nowhere pleaded in the eviction petition that he was the owner of the premises in question. In support of his contention he has cited Tirath Ram Chopra and Another, 22 (1982) DLT (1), Syed and Company and Others v. State of Jammu and Kashmir and Others, 1995 Supp. (4) SCC 422 Mr. Duggal has further contended that as a matter of fact when there was no pleading as regard to ownership of the premises in question, no evidence beyond that pleading ought to have been allowed by the Additional Rent Controller and petition was liable to be dismissed on this score.

( 3 ) IT has been vehemently contended before me that the writing in the hand of father of the respondent dated 16th August, 1963 was a Partition Deed which necessarily required registration under Section 17 of the Registration Act. Learned Counsel for the petitioner relied upon Roshan Singh and Others v. Zile Singh and Others, AIR 1988 SC 881. Learned Counsel for the petitioner further contended that in any event of the matter, the said partition was sham in the eyes of law. He further contended that respondent has never let out the premises to the petitioner and the respondent was not his landlord. In support of his contention he has cited Devi Das v. Mohan Lal, AIR 1982 SCW 1213 and S. K. Sattar Sk. Mohd. Choudhari v. Gundappa Amabadas Bukate, (1996) 6 SCC 373.

( 4 ) YET another contention which was urged before me by the learned C6unsel for the petitioner was that no mutation has taken place in any of the department in cross examination of the respondent and his deposition before the Additional Rent Controller respondent has admitted that no mutation has taken place and, therefore, challenged the writing dated 16. 8. 1963 as a document created for ulterior motives. Lastly, learned Counsel for the petitioner has contended that Relinquishment Deed was signed and executed by the minor, the same cannot be admissible in evidence.

( 5 ) ON the other hand, Mr. Makhija, learned Counsel for the respondent has contended that when the Relinquishment Deed was signed on 16th August, 1963 the respondent was a major. He was serving in the Indian Army as Lieutenant. Mr. Makhija has further contended that the partition has been acted upon by the respondent and has invited the attention of this Court to a notice sent by the father of the respondent on 22nd July, 1976 through a Counsel. The same was received by the petitioner who sent the reply on 14th August, 1976. Controverting the argument of learned Counsel for the petitioner, Mr. Makhija has contended that from the reading of the petition as a whole, it cannot be said that the omission of word owner would be so fatal as to result innonsuiting the respondent. He has further contended that eviction petition if read in conjunction with replication filed by the respondent would show that respondent has pleaded that he was the owner of the premises in question. In support of his submission, learned Counsel for the respondent has cited Raj Rani v. Gian Chand, 1986 0 RLR 284. With regard to the writing dated 16th August, 1963 Mr. Makhija has contended that the same was merely a memorandum of settlement. This document did not demarcate the shares of the parties and, therefore, it did not require registration and also relied upon Roshan Lal and Others v. Zile Singh (supra ). Lastly, Mr. Makhija has contended that the respondent is a retired Army Colonel. He needs the accommodation bona fidely. It is more than ten years since the eviction order was passed in his favour. Now he has a grown up son who is a Major in the Army. He is also married. Although he is posted prese