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Issues: (i) Whether an unregistered Government lease of land fell within Section 90(1)(d) of the Indian Registration Act so as to be admissible in evidence; (ii) Whether a covenant in such lease restraining construction of buildings was invalid under Section 19 of the Malabar Compensation for Tenants' Improvements Act.
Issue (i): Whether an unregistered Government lease of land fell within Section 90(1)(d) of the Indian Registration Act so as to be admissible in evidence.
Analysis: The phrase in Section 90(1)(d) covering documents purporting to be or to evidence grants or assignments by Government of land or of any interest in land was construed broadly. The words were not confined by the ejusdem generis rule to sanads and similar instruments, because the statutory language itself indicated a wider class of Government documents exempt from the earlier registration requirements. The term "grant" in the Registration Act was treated as comprehensive enough to include a lease, and the Crown Grants Act reinforced that construction by using "grant or other transfer of land or of any interest therein" in a broad sense.
Conclusion: The Government lease was admissible in evidence, and the objection based on non-registration failed.
Issue (ii): Whether a covenant in such lease restraining construction of buildings was invalid under Section 19 of the Malabar Compensation for Tenants' Improvements Act.
Analysis: Section 3 of the Crown Grants Act was treated as conferring special powers upon Government in respect of its grants and transfers. Those powers were held to place the transaction outside the mischief of Section 19 of the Malabar Compensation for Tenants' Improvements Act, so that the restrictive covenant against erecting buildings remained effective.
Conclusion: The covenant was not void under Section 19, and the restriction against building was upheld.
Final Conclusion: The decrees of the Courts below were affirmed, the second appeal was dismissed with costs, and time was granted to remove the buildings.
Ratio Decidendi: A Government lease may fall within the statutory category of grants or assignments by Government for purposes of registration and evidentiary admissibility, and special Government grant powers may exclude the operation of tenant-protection provisions that would otherwise invalidate restrictive covenants.
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