B. R. DUBE, J. : - The questions which are referred to the Full Bench for opinion are as under :

(i) Whether an unregistered lease-deed can be used to show the nature and character of possession of the defendant that is whether he is a tenant in the premises or not and

(ii) Whether assuming the demise of the premises to be under unregistered lease deed Ex. P.2, then whether a monthly tenancy can be presumed on the facts and circumstances of this case.

2. The facts giving rise to this reference may be briefly stated. The plaintiff filed a suit for ejectment and arrears of rent against the defendants on the basis of an unregistered lease deed dated 13-7-1972 vide Ex. P.2. It was alleged that the plaintiff had purchased the suit house from the defendant No. 1 on 13-7-1972 under a registered sale-deed and he later became her monthly tenant on a rent of Rs. 170/- per month. The tenancy was for a period of one year commencing from 13-7-1972 and it was for non-residential purposes. It was also alleged that the defendant No. 1 illegally sub-let the suit premises to the defendant No. 2. The plaintiff, therefore, served a notice

on defendant No. 1 on 6-12-1972, terminating the tenancy