Position of judgement of supreme court
Rudrawar Narayanreddy
(Querist) 03 February 2017
This query is : Resolved
The SUPREME COURT OF INDIA has in SATISH KUMAR Vs ZARIF AHMED decided in 1997 reported in air(scw) 1998 Page 4035 held that the registered lease deed for period of upto 11 months is admissible in evidence.
Whereas the transfer of property section.107 part ii says. 3*[All other leases of immoveable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession. amendment is made to T.P.Act in 1904 and made all written lease deeds are to registered.
whereas SUPREME COURT OF INDIA in other cases Decided on August 08,1989 BAJAJ AUTO LIMITED Vs BEHARI LAL KOHLI, Decided on May 12,2008 K B SAHA AND SONS PVT LTD Vs DEVELOPMENT CONSULTANT LTD, Decided on July 19,2012 Ahmedsaheb (D) By rs Vs SAYED ISMAIL and Decided on August 29,2016 M/S Park Street Properties (Pvt) Ltd. Vs Dipak Kumar Singh and Anr.Respondents held that written unregistered lease deed is in admissible in evidence. So which judgement has binding force.
P. Venu
(Expert) 04 February 2017
What is the real issue?
Rajendra K Goyal
(Expert) 04 February 2017
State clear material facts of the problem if any.
Rudrawar Narayanreddy
(Querist) 06 May 2017
Whether unregistered written lease of 11 months is admissible or not
Rudrawar Narayanreddy
(Querist) 06 May 2017
Whether unregistered written lease of 11 months is admissible or not and ist judgement says unregisterd lease deed of 11months admissible and second judgement says inadmissible which one is binding peecedent
Rudrawar Narayanreddy
(Querist) 08 June 2017
Unregistered lease deed of 11 months is in admissible. 1997 judgement is against provision so not laying binding precedent
