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PETITIONER: MANGAN LAL DEOSHI
Vs.
RESPONDENT: MOHAMMAD MOINUL HAOQUE & OTHERS.
DATE OF JUDGMENT: 01/12/1950
BENCH: SASTRI, M. PATANJALI BENCH: SASTRI, M. PATANJALI KANIA, HIRALAL J. (CJ) DAS, SUDHI RANJAN
CITATION: 1951 AIR 11 1950 SCR 833
ACT: Indian Registration Act, 1908, 8.17 (1) (b) and (d), s. 17 (2)-"Lease "--Compromise decree creating under lease between A and B on condition that A pays a sum of money to C--Whether compulsorily registrable--Agreement to lease not creating immediate interest land--Whether "lease".
HEADNOTE: An agreement for a lease, which a lease is by the Indian Registration Act declared to include, must be a document which effects an actual demise and operates as a lease. It must create present and immediate interest in land. Where a litigation between two persons A and B who claimed to be tenants under C was settled by a compromise decree the effect of which was to create a perpetual underlease between A and B which was to take effect only on condition that A paid Rs. 8,000 to C within a fixed period: Held, that such a contingent agreement was not "a lease" within el. (a) of s. 17 (t) of the Indian Registration Act, and even though it was covered by cl. (b) of the said sec- tion it was exempt from registration under el. (vi) of subs. (2) of s. 17. Hemanta Kumari Debi v. Midnapur Zamindari Co. (I L.R. 47 Cal. 485 P.C.) relied ...