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1982 Supreme(All) 699

K.C.AGRAWAL, O.P.SAXENA
Zarif Ahmad – Appellant
Versus
Satish Kumar – Respondent


Advocates:
Sudhir Chandra, for Applicants; Sudhir Narain Agrawal, for Respondents.

Judgement

K. C. AGRAWAL, J.: - Finding a conflict between Fateh Chand v. Radha Rani (1956 All LJ 625), and Arsad Ali Khan v. State of U.P. (AIR 1978 All 59), Sallo Mal v. Smt. Nainabai (AIR 1979 All 32), Ram Swarup Jain v. Janki Devi Bhagat (AIR 1974 All 424), Jai Narain Das v. Zubeda Khatoon (AIR 1972 All 494), and Ratan Lal v. Hari Shanker (AIR 1980 All 180), a learned single Judge referred the following two questions for decision by a larger Bench: -

"1. Whether any term of a lease deed required under Section 107 of the Transfer of Property Act to be registered, could be pressed into service for a collateral purpose within the meaning of the proviso to Section 49 of the Indian Registration Act ?

2. Whether, in the instant case, the relationship of landlord and tenant, the rate of rent and the period for which the original lease had been granted could be looked into as a collateral purpose under the Proviso to S.49 of the Indian Registration Act."

2. The facts, briefly stated, are that the plaintiff Satish Kumar brought Small Cause Court Suit No. 74 of 1972 for ejectment and recovery of arrears of rent against three defendants. The plaintiff alleged that the accommodation in suit h























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