1. We think that Exhibit 13, besides being a receipt for the money paid by the defendants, is also a written record of the plaintiffs agreement to accept a rent-deed, which was to be executed by the defendants and a record of the terms of the agreement to lease entered into between the plaintiff and the defendants. Exhibit A is referred to in Exhibit B as a document to be read with and as part of Exhibit B.
2. We think that haying regard to the decisions in Narayanan Chetty v. Muthiah Servai 8 Ind. Cas. 520 [LQ/MadHC/1910/383] : 9 M.L.T. 142 : 21 M.L.J. 44 : 35 M.p 63 and in Syed Ajam Sahib v. Meenatchi Devastanam 8 Ind. Cas. 668 : 35 M.p 95 : 8 M.L.T. 437 : (1910) M.W.N. 766 : 21 M.L.J. 202 Exhibit B must be treated as an agreement to lease and is inadmissible in evidence for want of registration. The decree of the lower Court will stand reversed and the suit will stand dismissed so far as it prays for specific performance.
3. Under the circumstances the parties will bear their own costs in both Courts.
Sreekisan Pitty And Another v. Kota Namalwarayya
Sreekisan Pitty And Another v. Kota Namalwarayya
(High Court Of Judicature At Madras)
| 18-03-1915
Advocate List
Bench
- HON'BLE JUSTICE SADASIVA AIYAR, J
- HON'BLE JUSTICE NAPIER, J
Eq Citations
- AIR 1916 MAD 1170 (1)
- 29 IND. CAS. 246
- LQ/MadHC/1915/145
Head Note
Specific Relief Act, 1877 — S. 10 — Specific performance of agreement to lease — Agreement to lease not registered — Agreement to lease, held, inadmissible in evidence for want of registration
