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1994 Supreme(Mad) 869

S.S.SUBRAMANI
S. Raman – Appellant
Versus
Nithyakalyani Flush Doors Company Private Limited by its Director, S. Ramanujam and another – Respondent


Advocates:
T.R. Mani, Senior Counsel, for MIs.T.M.Hariharan, for Petitioner. Mn.Chitra Sampath, for Respondents.

Judgment :

The defendant in O.S.No.105 of 1993 before the Subordinate Judge’s Court, Tenkasi, is the revision petitioner in both these revisions.

2. The suit filed by the plaintiff was one for specific performance of an agreement for lease dated 19. 1991. After the suit was filed, the petitioner filed I.A. 633 of 1993 that the suit document, i.e., agreement for lease must be impounded, since it is not properly stamped and registered. He wanted the said petition to be decided preliminarily. According to the petitioner the agreement for lease is stamped only at Rs.5. Since, it is not properly stamped it is not admissible in evidence for two reasons, i.e., it ought to have been registered and that too after impounding. According to him, the agreement for lease creates a present right in favour of the lessee. The nomenclature of the document is not conclusive.

3. For the said petition, the respondent/ plaintiff contended that the document is only an agreement and there is no present demise and no lease is created by virtue of the document. There must be some other action on the part of the landlord, and only then, the lease comes into force. According to him, the conditions to the pro










































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