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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA
T.H. Shakeel Ahmed Khan – Appellant
Versus
A. Shahul Hameed – Respondent
ORDER :
1. The above Civil Revision Petition is filed to strike off the plaint in OS.No. 995 of 2019, on the file of the XI Assistant City Civil Court, Chennai. The defendants 2 to 5 are the revision petitioners before this Court.
2. Before proceeding to discuss the grounds on which the petitioners/defendants 2 to 5 have filed the above Civil Revision Petition, it would be necessary to briefly extract the pleadings in the above suit and the other proceedings that had taken place in the suit. The parties are refereed to in the same ranking as before the Trial Court.
Plaintiff's Case:-
3. The plaintiff had filed the above suit for bare injunction. The suit was originally filed only against one G.Balasubramaniam (1st defendant). Thereafter, defendants 2 to 5 were impleaded, and on the death of G.Balasubramaniam, his legal representatives were brought on record as defendants 6 to 8.
4. It is the case of the plaintiff that he had entered into tenancy under the 1st defendant in respect of the two shops portions in the ground floor of the suit premises. The plaintiff and the 1st defendant had entered into two lease deeds dated 12.07.2018 and 10.09.2018. The lease was for a period of 10 years.
Unregistered lease deeds are inadmissible in evidence, and a party must approach the court with clean hands, eschewing fraudulent claims.
The main legal point established in the judgment is the interpretation of the nature of the document, the requirement for registration and stamp duty, and the duty of the Court to ensure compliance w....
The registered lease deed supersedes the unregistered one, and claims for cancellation based on fraud are barred by limitation under Article 59 of the Limitation Act.
An unregistered lease deed cannot establish tenancy or enforce property rights, as it violates mandatory registration laws.
The court emphasized the need to consider the entirety of the plaint, ruling that a rejection based on a specific clause cannot invalidate the entire action without examining all claims.
An unregistered Sale deed may be admissible for collateral purposes if proper procedures, including stamp duty payment, are followed, according to Section 49 of the Indian Registration Act.
An unregistered sale deed cannot be admitted as evidence for ownership in a declaration suit, violating statutory provisions of the Registration Act and Transfer of Property Act.
Unregistered lease agreements cannot create tenancy rights exceeding one year under the Transfer of Property Act, leading to a month-to-month tenancy requiring valid notice for termination.
The main legal point established in the given judgment is that the relationship between landlord and tenant must be proved, the rate of rent must be established, and the absence of a registered subsi....
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