1940 (12) TMI 27

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....The matter has been greatly shortened by the concessions made by the learned' counsel for the plaintiff. 2. The defendants became the tenants of the applicants. The terms upon, which they became the tenants of the applicants are set out in the correspondence annexed to the affidavit of N.M. Bhagalia dated March 6, 1940. That correspondence amounting to an agreement to lease ought to have beem registered by reason of the definition of a lease in Section 2(3) of the Indian Registration Act and Section 17(2) (d). It was not registered. Notwithstanding registration by virtue of the proviso to Section 49 of the Indian Registration Act these letters may be looked at as evidence of any collateral transaction not required to be affected. by ....

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....s, however, not become necessary to go into any question of evidence relating to this dispute because this matter falls to be determined on a point of law. 5. Clause 12 of the letter of July 27, 1931, which letter became One of the terms between the parties, requires the lessees to deliver over possession of the demised premises at the determination of the tenancy in the same good condition as it was at the time the lessees entered into possession subject to wear and tear. Clause 15, which also became one of the terms, provides as follows:-- On the determination of the tenancy the lessees shall be entitled to remove the structure or shed which they might have erected during the continuance of the tenancy, 6. Mr. Desai contend....

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....ade to Govindaprasad Shaha v. Charusheela Dasee (1933) I.L.R. 60 Cal. 1042. 8. In my opinion Clause (15) does amount to a contract between the parties which excludes the provisions of Section 108 of the Transfer of Property Act. I have to construe Clause (15) and determine the rights of the defendants and the lessors in the light of it. Having regard to Clause (12) of the terms which makes it obligatory upon the lessees to deliver over possession at the determination of the tenancy, I am of opinion that the defendants were given no right to remain in possession after the determination of the tenancy. Clause 15 gives the lessees the right to remove the structures or sheds on the determination of the tenancy. It is important to observe tha....