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1916 Supreme(Mad) 124

NAPIER
Morgan And Son – Appellant
Versus
N. P. Fernandez – Respondent


JUDGMENT

Napier, J.

1. The question raised in this second appeal is whether the four letters A, B, C and D, or alternatively, the two letters A and B require registration under Sections 17 and 49 of the Registration Act, Section 17, Sub-Section (1) requires that "the following documents shall be registered," namely, among them Clause (a) "bases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent. "Under the definition Section Sub-Section 7" lease includes an agreement to lease." There is a proviso to Section 17, Sub-section 2 which excepts some documents which would otherwise come under Clauses (b) and (c) and also distinguishes certain classes of documents which might otherwise have been thought to fall under either of those two classes. One of these clauses is (5) "any document not itself creating etc. any right, title, etc. but merely creating a right to obtain another document which will when executed create such right, etc." It has been held by a Full Bench of this Court in Narayanan Chetty v. Muthiah Servai (1910) I.L.R. 35 M. 63. s.c. 21 M.L.J. 41 that as Clause (5) has not been applied by Sub-Section (2) to leases the legisl



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