Document compulsorily registrable but not registered, can be used for establishing jural relationship between the parties.

The defendant in O.S.No.203 of 1992 on the file of the First Additional District Munsif Court at Pondicherry is the appellant.

2. The plaintiff filed the suit for eviction and for recovery of arrears of rent. Ex.A-3 is the lease deed dated 10. 1980. It is stated in the plaint that the defendant in the year 1980 approached the plaintiff for taking of lease of the vacant site which is scheduled in the plaint for his residence and the plaintiff agreed for the same and on 10. 1980, the defendant executed the lease deed; agreeing to pay monthly rent of Rs.5 and the lease period agreed is three years and an amount of Rs.50 was also paid as advance. The lease period expired on 10. 1983 and the defendant is holding over the tenancy. The defendant has defaulted in paying rent from October, 1990 and continued to default till date. A notice was issued terminating the tenancy on 3. 1991. But the defendant has neither vacated the premises nor he had paid the rents arrears. It is further alleged that the property is required for the own occupation of the plaintiff. A suit was therefore, laid for evicting the defendant from the plaint scheduled property and also for recovery of arrears of rent from the month of October, 1990 to February, 1992 at the rate of Rs.5 per month.

3. In the written statement filed by the defendant, he contended that the suit is not maintainable, He further averred that he has put up the building and the building is situated in Government Poromboke land. He has also admitted in paragraph 12 of the written statement that when the plaintiff demanded the lease agreement from the defendant and since the defendant is a new entrant to the village in 1980 and since he did not know the title of the occupied area, he gave a lease agreement to the plaintiff. But later on, on verification, he found that it is a Government poromboke land. According to him, he has not paid rent at any time and the suit is liable to be dismissed.

4. The trial court as well as the lower appellate court decreed the suit. The trial court held that Ex.A-3 was properly executed by the appellant and he cannot deny the title of the lessor under Sec.116 of the Evidence Act. The trial court held that the defendant has come into the possession of the suit property only on the basis of the lease executed in favour of plaintiff and all the other grounds are also found to be in favour of the plaintiff and the suit was decreed.

5. When the matter was taken in appeal, the lower appellate court also did not think of deviating from the reasoning adopted by the trial court. The appeal was dismissed with costs.

6. The concurrent judgment is assailed in the second appeal on the following substantial question of law:

.• (i) Whether the lower appellate court was right in holding that Ex.A-2 being unregistered and insufficiently stamped could be looked into to prove the relationship of landlord and tenant.

.• (ii) Whether Ex.A-2 being unregistered and insufficiently stamped could be admitted in evidence.

.• (iii) Whether the reliance placed by the learned Subordinate Judge on the proviso to Sec.49 of the Registration Act is correct in law.

7. The only point that is urged by the learned counsel for the appellant is that the lease deed dated 10. 1980 being a term exceeding one year is compulsorily registrable and having not been been registered it cannot be admitted in evidence for any purpose. A further contention has also been raised that the lease deed is not stamped properly and therefore, it shall not be looked into even for a collateral purpose.

8. As against that contention, learned counsel for the respondent submitted that the document dated 10. 1980 is created as a tenancy at will and therefore does not require registration. It is further contended that at the time when the document was admitted in evidence, no objection was raised on such admissibility since it is not properly stamped. It is further contended that once it has been admitted in ev