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Fate of the unregistered leese deed for 6 years.

(Querist) 25 July 2009 This query is : Resolved 
Respected Seniors,

Mr. X gave his fish tank an extent of Ac. 5-00 Cents to Mr. Y for leese of Rs. 15,000-00 per Acre for a period of 6 years. There was written agreement between the both parties but is was not registered.

Mr. Y enjoyed leese agreement fish tank for 3 years and paid leese from time to time without delay and now 4th year is running.

Now Mr. X threatened Mr. y to vocate the fish tank since recently there are abnormal leese rates going on in that area for neighbours fish tanks. Nearly Rs. 35,000-00 per Acre for year.

In the above circumstances what is the option to Mr. Y to protect his right ie. Peaceful enjoyment of figh tank for leese period. Can he get injunction order from the Court against land owner ie. Mr. X that not to interfere in the leesed fish tank up to leese period by filing un registered leese agreement deed for collateral purpose.

Please advise me as early as possible. Thanking you in advance.
A V Vishal (Expert) 25 July 2009
My Y can temporarily get an injunction from the court but it can be vacated on the basis that the lease agreement is not registered as it is mandatory to register the same and the agreement cannot be admitted under the evidence act, to cure the disability Y has to register the document and pay heavy stamp duty and penalty but in the present case I think X will not be ready to register the deed as he has to accompany the lessee to register the same.
Kiran Kumar (Expert) 25 July 2009
Vishal is right.

better make some settlement with X.

even if the civil litgation is fought, Y will be on the loosing side technically.
SHYAMSUNDAR (Expert) 25 July 2009
No doubt ur in possession.
But ur required to prove ur occupancy even. As adviced by Mr. Kiran think of settlement but u need not go to court.
Let x approach. Wait and watch.
kranthi kiran (Expert) 01 August 2009
Even though the document is unregistered, if the required stamp duty and penalty is paid.the same can be used for the collateral purpose such as to show the nature of possession. You can file a suit for injunction.


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