SANTOSH JAYASWAL AND ANR. versus STATE OF M.P. AND ORS.

SANTOSH JAYASWAL AND ANR. versus STATE OF M.P. AND ORS.

Right to catch fish is a benefit arising out of the land and thus constitutes immovable property (profit a prendre); in the absence of controversy or document showing otherwise, the instruments granting such right are treated as leases, and if the value exceeds Rs. 100 or lease duration is more than a year, registration and stamp duty are mandatory.

Parties
Appellant: Santosh Jayaswal; Appellant: Surendra Shukla; Respondent: State of M.P.; Respondent: State of M.P. and Others
Jurisdiction
India
Judgment Date
11 September 1995
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Decision
Outcome
Civil appeal arising out of L.P.A. No. 22 of 1994 dismissed; civil appeal arising out of L.P.A. No. 21 of 1994 partly allowed; appeals disposed of with no costs.
Legal Topics
Definition of Immovable Property, Profit a Prendre, Requirement of Registration, Stamp Duty on Instruments, Lease Vs Licence
Property Law Registration Law Stamp Law Definition of Immovable Property Profit a Prendre Requirement of Registration Stamp Duty on Instruments Lease Vs Licence

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Parties

Santosh Jayaswal

Appellant

Surendra Shukla

Appellant

State of M.P.

Respondent

State of M.P. and Others

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Decision

Legal Issues

  1. 1 whether right to catch fish is a lease or licence
  2. 2 whether grant of right to catch fish constitutes immovable property
  3. 3 whether the instrument is compulsorily registrable under the Registration Act

Ratio Decidendi

Right to catch fish is a benefit arising out of the land and thus constitutes immovable property (profit a prendre); in the absence of controversy or document showing otherwise, the instruments granting such right are treated as leases, and if the value exceeds Rs. 100 or lease duration is more than a year, registration and stamp duty are mandatory.

Court Disposition

Civil appeal arising out of L.P.A. No. 22 of 1994 dismissed; civil appeal arising out of L.P.A. No. 21 of 1994 partly allowed; appeals disposed of with no costs.

Orders

  • Instrument in L.P.A. No. 22 of 1994 cannot be acted upon unless duly engrossed with stamp duty and registered.
  • Instrument in L.P.A. No. 21 of 1994 requires appropriate stamp duty but is not compulsorily registrable.