KERALA HIGH COURT
Bhaskaran Nambiar, J.
K. C. ITOOP And SONS v. ANTONY
| Table of Content |
|---|
| 1. validity of unregistered leases. (Para 1 , 6) |
| 2. facts of the contested lease and parties involved. (Para 2 , 3 , 4 , 5) |
| 3. restrictions placed by statutory provisions. (Para 7 , 9 , 11 , 12 , 13) |
| 4. court's interpretation of lease agreements. (Para 8 , 10 , 18) |
| 5. consequences of unregistered document use. (Para 21) |
| 6. remand for further proceedings. (Para 22 , 23) |
1. The substantial question of law that arises for determination in this second appeal is:
"Whether a rent deed, compulsorily registerable under the Transfer of Property Act, executed by a tenant in favour of a landlord if not registered can be relied upon to establish the relationship existing between the parties?"
2. The building in this case belonged to a Namboodiri family and is now in possession of the defendant claiming to be a lessee inducted into possession in 1974 on the strength of an unregistered lease deed for a term of five years and on a monthly rent of Rs. 140/-. The rights of the Namboodiri family have been obtained by the plaintiff by assignment. The validity of that assignment is no longer in challenge. In the court, a counter part of the unregistered lease deed accepted by the Karanavan of
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