Unregistered lease deeds can be admissible for collateral purposes if adequately demonstrated, contrary to lower court's decision.

JUDGMENT

This Original Petition has been filed challenging Ext.P8 order, whereby the court below has ordered that document Nos. 4 and 15 cannot be admitted in evidence as they are not registered. It is also stated in the order that the plaintiff could not show for what collateral purpose the documents need to be marked. The documents in question purport to be lease deeds. But since they are leases executed for period beyond one year, they can be legally accepted as evidence of lease, only if they are registered. Admittedly, the documents are not registered.

2. The case of the petitioner is that the documents can still be admitted for the purpose of proving the collateral purpose regarding the payment of advance money. The above submission is legally sound. The court below has said that the plaintiff could not show for what collateral purpose the documents are to be marked. Since the collateral purpose is clearly mentioned, I do not think that the said reasoning can be sustained.

3. In the result, Ext.P8 is set aside. The court below may pass fresh orders permitting the marking of documents for proving the collateral purpose regarding payment of advance money and proceed in accordance with law.

The respondents have filed an application seeking early disposal of an application seeking to lift the attachment. The court below shall consider the same and pass necessary orders at the earliest, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

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