Q. What are the equivalent citations for Ramasamy Aiyar vs Thirupathi Naick ?

The equivalence citation are(1904) ILR 27 MAD 43 ; LQ/MadHC/1903/35 ;

Ramasamy Aiyar Vs. Thirupathi Naick On 22 April, 1903

Q: Q. What was the bench assigned for the case Ramasamy Aiyar vs Thirupathi Naick?

HONBLE MR. JUSTICE BENSON , HONBLE MR. JUSTICE BHASHYAM AIYANGAR

Open iDraf

Ramasamy Aiyar v. Thirupathi Naick

Ramasamy Aiyar
v.
Thirupathi Naick

(High Court Of Judicature At Madras)

Appeal Against Order No. 136 Of 1902 | 22-04-1903

[1] We think that the endorsement of the Manager on the memorandum of darkhast, which endorsement was communicated to the applicant, must be taken to be an agreement to lease and therefore to be subject to the provisions of the Registration Act as if it were a lease. But treating it as a lease, we do not think that it requires registration under Section 17 of the Act. It does not in terms purport to be for a period exceeding five years, nor does the rent reserved by it exceed Rs. 50 per annum.

[2] It is therefore exempted from registration by the Notification of Government published under that section.

[3] It is argued that by custom a lease of this kind entitles the grantee to hold permanently. It may or may not be so ; but the criterion for registration is what is expressed on the face of the document.

[4] If we had to go into the question of what incidents are annexed by custom to grants of the kind, we would have to bear in mind that one of such incidents is that the tenant can relinquish the holding at the end of any fasli and therefore before the expiry of five years.

[5] The appeal therefore fails and is dismissed with costs.

Advocates List

For the Appearing Parties ----

Bench List

HON'BLE MR. JUSTICE BENSON

HON'BLE MR. JUSTICE BHASHYAM AIYANGAR

Eq Citation

(1904) ILR 27 MAD 43

LQ/MadHC/1903/35

HeadNote

Registration and Stamp Acts — Registration Act, 1908 — Ss. 17 and 17-A (as it then stood) — Lease — Endorsement of Manager on memorandum of darkhast — Whether an agreement to lease and therefore subject to provisions of Registration Act — Registration Act, 1908 (1908 Act), 1908 S. 17