The main legal point established is that lease rights under the Government Grants Act are limited to a right of enjoyment and do not confer inheritable title. Additionally, an unregistered adoption deed has no legal validity.

JUDGMENT :

This writ petition has been preferred initially by Mr. Jaipal Singh, who claimed himself to be the successor of late Mr. Rajendra Singh, but upon his death, his heirs have been substituted as petitioner Nos. 1/1 to 1/3.

2. This case engages consideration of a very interesting issue, as to whether with regard to the leases granted under the provisions of the Government Grants Act, the rights over the property thus leased could at all be devolved upon by virtue of personnel right of succession or by virtue of an adoption allegedly claimed to have been made by the principal lessee in favour of Mr. Jaipal Singh?

3. Facts of the case are that a lease under the provisions of Government Grants Act was executed in favour of one Mr. Rajendra Singh in relation to two khasras, being Khasra No. 158/1, having an area of 0.626 hectares and khasra No. 4/6, having an area of 0.190 hectares. As per the provisions contained under Section 3 of the Government Grants Act, and particularly, in the context of its U.P. amendment, the leases which are granted under the provisions of the Government Grants Act, they are to be exclusively governed as per the tenor of lease in itself and nothing beyond that. Lease exclusively within itself is not a document which grants a right or title which could be given by will, because as per the provisions contained under Sections 105 of Transfer of Property Act, which defines lease, , the liability of the lessee would be exclusively governed under the provisions contained under Section 108 of the Transfer of Property Act, 1882 which are extracted hereunder:-

“105. Lease defined.—A lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms. Lessor, lessee, premium and rent defined.—The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent.

108. Rights and liabilities of lessor and lessee.—In the absence of a contract or local usage to the contrary, the lessor and the lessee of immoveable property, as against one another, respectively, possess the rights and are subject to the liabilities mentioned in the rules next following, or such of them as are applicable to the property leased:—

(A) Rights and Liabilities of the Lessor

(a) The lessor is bound to disclose to the lessee any material defect in the property, with reference to its intended use, of which the former is and the latter is not aware, and which the latter could not with ordinary care discover;

(b) the lessor is bound on the lessee’s request to put him in possession of the property;

(c) the lessor shall be deemed to contract with the lessee that, if the latter pays the rent reserved by the lease and performs the contracts binding on the lessee, he may hold the property during the time limited by the lease without interruption. The benefit of such contract shall be annexed to and go with the lessee’s interest as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested.

(B) Rights and Liabilities of the Lessee

(d) If during the continuance of the lease any accession is made to the property, such accession (subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in the lease;

(e) if by fire, tempest or flood, or violence of an army or of a mob, or other irresistible force, any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purposes for which it was let, the lease shall, at the option of the lessee, be void: Provided that, if the injury be occ