SUPREME COURT OF INDIA – IN THE ABSENCE OF A REGISTERED INSTRUMENT THE COURTS ARE NOT PRECLUDED FROM DETERMINING THE FACTUM OF TENANCY FROM THE OTHER EVIDENCE ON RECORD AS WELL AS THE CONDUCT OF THE PARTIES

Date of Judgement: 29.08.2016 :

Non registration of the document would cause only two consequences. One is that no lease exceeding one year is created and the Second is that the instrument become useless so far as creation of the lease is concerned.

Thus in the absence of registration of a document, what is deemed to be created is a month to month tenancy and the termination of which is governed by Section 106 of the Act.

[Supreme Court of India]

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Advocate Amaresh Singh

Advocate Amaresh Singh is a lawyer practicing in Supreme Court of India, Delhi High Court and various District Courts including Saket Court, Tis Hazari Court, Karkardooma Court, Patiala House Court and Dwarka Court. (M) 9999678571

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