1987 (8) TMI 445

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.... rent was Rs. 2,500/- per annum and not Rs. 5,000/- per annum. It was pleaded in the application on behalf of the landlord that the rent note was executed on March 25, 1975. This was for one year and the rent fixed was Rs. 5,000/-. According to the tenant, it was pleaded that the rent was Rs. 2,500/-. The signature on the rent note were disputed. 2. After recording evidence the courts below have come to the conclusion that the rent note was executed by the appellant-tenant. The rent note mentions that it is for one year. It appears in evidence that initially Rs. 5,000/- were paid by the appellant and later on Rs. 2,500/- were returned. According to the landlord this was returned as it was agreed that the tenant will remain in the premise....

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.... tenant holding over and thus he could only be treated as a monthly tenant and even in that view of the matter within the language of Section 13, the tenant will be in arrears atleast for 2 months rent i.e. April and May even if the term in the rent note of payment of yearly rent in advance is also not given effect to and in this view of the matter the order of eviction has been maintained. 5. The main contention advanced on behalf of the appellant is that as the rent note is for one year and it fixed yearly rent and talks of yearly rent in advance it clearly is a lease from year to year and therefore as it is not registered in view of Section 17 of the Registration Act and Section 107 of the Transfer of Property Act, this could not be a....