Admissibility of document

professional (Querist) 02 August 2015 This query is : Resolved
Question: A has let out his shop to B at a rent of Rs. 100 per month in 2004. At the time of letting a documents on requisite stamp per is executed ''by B only'' recording the terms and conditions of letting. One of the terms is that B shall not change the shutter and the show window of the shop. In another clause it is mentioned that B has taken the shop on rent for a period of 11 months only. A, finding that B has made preparation for changing the shutter and show window of the shop institutes a suit for permanent injunction to restrain B from doing so. A in this regard relies upon the aforesaid document which was signed by B only. B takes a plea that the aforesaid document being unregistered cannot be looked into by the court. What will be the fate of objection of B ? Also, whether the position would be different if the said document had been signed by both A and B ?

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Dr J C Vashista (Expert) 04 August 2015
If the landlord (A) has not signed the rent agreement it is not an agreement.
Is the rent agreement notarized, if not registered? If so, it is admissible in evidence, being less than a year.

dev kapoor (Expert) 04 August 2015
Hi,
Since the said document is signed by tenant only(unilaterally), it is at the most a sort of Undertaking.Nomenclature like "RENT DEED" or else is not important.While determining admissibility of a document,inter alia, its contents(words/language) is to be seen.If it is insisted that the this document is to be treated as Rent Deed ( for eleven months),such a document is admissible in evidence for limited purposes i.e. for collateral purpose.One can find a number of jjmnts on this subject.

P. Venu (Expert) 04 August 2015
Why this condition as to shutter ans show window?

Biswanath Roy (Expert) 05 August 2015
I agree with the views of Learned Expert Mr.dev kapoor.

T. Kalaiselvan, Advocate (Expert) 12 August 2015
To some extent the said document can be an admissible evidence and he conditions in the document can be enforceable as well, it depends during trial.