Unregistered rent deed cannot alone prove tenancy, but admitted landlord-tenant facts can sustain arrears of rent.

An unregistered rent deed could not by itself found the claim for arrears, but the admitted landlord-tenant relationship, admitted rent and admitted default were treated as substantive evidence sufficient to sustain liability. The Court noted that an unregistered document may fail to prove the main transaction, yet admitted facts and the legal relationship could still be relied on for rights arising under the second paragraph of Section 107 of the Transfer of Property Act. The decree for arrears of rent was restored with modification of the amount recoverable, and the connected special leave petition was dismissed as infructuous.

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Issues: Whether the decree for recovery of rent could be sustained despite rejection of the unregistered rent deed, and whether the separate special leave petition had become infructuous.

Analysis: The unregistered rent deed could not by itself be the foundation for the claim, but the relationship of landlord and tenant was admitted and the respondent had admitted the rate of rent and default in payment. In such a situation, the Court treated the admission as substantive evidence sufficient to uphold liability for arrears of rent. The Court also noted that an unregistered document may not prove the main transaction, yet the legal relationship and admitted facts can still be relied upon for determining rights under the second paragraph of Section 107 of the Transfer of Property Act. The separate special leave petition was rendered infructuous in view of the subsequent course of the rent control proceedings.

Conclusion: The appeal challenging the refusal to grant rent arrears was allowed and the decree was restored with modification of the amount recoverable. The connected special leave petition was dismissed as infructuous.

Ratio Decidendi: An unregistered lease document cannot alone found the claim, but admitted landlord-tenant relationship, admitted rent and admitted non-payment are sufficient to sustain a decree for arrears of rent.

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