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2004 Supreme(Ker) 417

K.THANKAPPAN, K.S.RADHAKRISHNAN
Chandrakala K. Prabhu – Appellant
Versus
T. B. Soman – Respondent


Judgment :-

Radhakrishnan, J.

This Court in Paul v. Saleena, 2004(1) KLT 924 held that unregistered lease deeds cannot be pressed into service to create, declare, assign, limit or extinguish any right title or interest in or to the property comprised in the document. In the instant case an unregistered lease deed was executed between the parties on 15-12-1992 leasing out the tenanted premises for a period of two years on a monthly rent of Rs.450/-. The lease deed contained a clause whereby the rent can be revised after the expiry of two years on mutually agreed terms and if the terms cannot be mutually agreed, the rent will be increased by 25% at the end of the cycle of every two years. Landlady took up the stand that the tenant is legally obliged to pay monthly rent at the rate of Rs.562.50 from 16-12-1994. In spite of repeated demands the tenant failed to pay rent from 1-1-1995. Registered notice dated 16-6-1995 was issued by the landlady to the tenant demanding the arrears of rent with interest. Landlady also wanted the tenanted premises for the purposes of starting a business in flour mill, curry powder and allied items.

2. Tenant resisted the petition contending that the tenant





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