SUNIL KUMAR ROY versus M/S. BHOWRA KANKANEE COLLIERIES LTD. & ORS.

SUNIL KUMAR ROY versus M/S. BHOWRA KANKANEE COLLIERIES LTD. & ORS.

An unregistered document purporting to vary the essential terms (royalty rate) of a registered lease is inadmissible and ineffective to alter the agreed terms under the Indian Registration Act. The appeal failed on both lack of proof for actual mutual variation and on the inadmissibility of the unregistered document relied upon for variation.

Parties
Appellant: SUNIL KUMAR ROY; Respondent No. 1: M/S. BHOWRA KANKANEE COLLIERIES LTD.; Respondent No. 2: Unknown Respondent No. 2
Jurisdiction
India
Judgment Date
15 December 1970
Procedural Posture
Civil Appeal / Supreme Court Appeal by Certificate From Patna High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Lease Agreement, Registration of Documents, Variation of Registered Lease, Royalty Under Lease
Property Law Lease Agreement Registration of Documents Variation of Registered Lease Royalty Under Lease

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Parties

SUNIL KUMAR ROY

Appellant

M/S. BHOWRA KANKANEE COLLIERIES LTD.

Respondent No. 1

Unknown Respondent No. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appeal by Certificate From Patna High Court

Legal Issues

  1. 1 Whether an unregistered document varying material terms (royalty rate) of a registered lease is admissible and effective under Indian Registration Act, 1908

Ratio Decidendi

An unregistered document purporting to vary the essential terms (royalty rate) of a registered lease is inadmissible and ineffective to alter the agreed terms under the Indian Registration Act. The appeal failed on both lack of proof for actual mutual variation and on the inadmissibility of the unregistered document relied upon for variation.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • Civil Miscellaneous Petitions for adducing additional evidence and for impleadment stand dismissed.