Transfer of Property Act, 1882 – Sections 105, 106, 107 and 108 – Registration Act, 1908 – Sections 17 and 49 – Unregistered deed of lease for immovable property – In the absence of a registered instrument, the courts are not precluded from determining the factum of tenancy from other evidence on record as well as the purpose of tenancy In the present case, factum of creation of tenancy has been established – But the purpose of tenancy, so as to attract the six months’ notice period under Section 106 of the 1882 Act cannot be established by such evidence as in such a situation, registration of the deed would have been mandatory
SUPREME COURT OF INDIA DIVISION BENCH M/S PAUL RUBBER INDUSTRIES PRIVATE LIMITED — Appellant Vs. AMIT CHAND MITRA AND ANOTHER — Respondent ( Before : Aniruddha Bose and Vikram Nath,…