The short point that arises for consideration in this Civil Revision Petition is whether the document relied upon by the plaintiff to evict the tenants, who are the petitioners in this petition, is admissible in evidence or not?

The relevant portions of the document, Exhibit A, which is a cooly-chit, are as follows: —

"As I have agreed to take from you for my residence the thatched shed, consisting of 30 carpenter’s koles all round, with raised mud flooring and walls, with bamboo roofing with cocoanut rafters for 2 rooms and terraced with mango planks with cocoanut-door frames in eastern portion of your Kakkarat Paramba, I have agreed to pay you an yearly rent of Rs. 6 and I shall myself repair and put up the thatched roofing every year, and pay you a rent of 8 annas per month and get receipt. I shall surrender the shed whenever you require the same without causing any loss whatever."

Mr. Ramakrishna Iyer, appearing on behalf of the petitioners contends that the lease is one, which comes within the scope of section 107 of the Transfer or Property Act, and is therefore, registrable if it is to be admitted in evidence. His point is that it creates an yearly tenancy with an year