MANGAN LAL DEOSHI versus MOHAMMAD MOINUL HAQUE & OTHERS.

MANGAN LAL DEOSHI versus MOHAMMAD MOINUL HAQUE & OTHERS.

The compromise decree in question did not amount to a lease as it was contingent upon payment, thus not creating a present and immediate interest in the land. Therefore, it was not required to be registered under s.17(1)(d) and was exempt under s.17(2)(vi).

Parties
Appellant: Mangan Lal Deoshi; Respondent: Mohammad Moinul Haque & Others
Jurisdiction
India
Judgment Date
01 December 1950
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Registration of Compromise Decrees, Lease—definition Under Registration Act, Compromise Decrees and Registration Requirements
Property Law Registration of Compromise Decrees Lease—definition Under Registration Act Compromise Decrees and Registration Requirements

Case Brief

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Parties

Mangan Lal Deoshi

Appellant

Mohammad Moinul Haque & Others

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the compromise decree requires registration under the Indian Registration Act, 1908
  2. 2 Whether a contingent agreement to lease constitutes a 'lease' under s.17(1)(d) of the Act

Ratio Decidendi

The compromise decree in question did not amount to a lease as it was contingent upon payment, thus not creating a present and immediate interest in the land. Therefore, it was not required to be registered under s.17(1)(d) and was exempt under s.17(2)(vi).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs