SULTANALI MULLA RASOOLJI Vs. TYEB PIR MAHOMED
LAWS(BOM)-1929-3-6
HIGH COURT OF BOMBAY
Decided on March 18,1929

SULTANALI MULLA RASOOLJI Appellant
VERSUS
TYEB PIR MAHOMED Respondents

JUDGEMENT

- (1.) Mr. Desai on behalf of the defendant has tendered for being admitted into evidence two letters, each dated October 24, 1924, one being from the defendant to the plaintiff and the other from the plaintiff to the defendant, as constituting an agreement between the parties on the faith of which the defendant constructed a shed on the land demised to him for which he now claims compensation by his counter-claim. Mr. Vachha on behalf of the plaintiff objects to these letters being admitted into evidence on the ground that they constitute) an agreement to lease an immovable property for a period of five years which, under the Indian Registration Act, is compulsorily registrable and would be inadmissible in evidence without registration. The first of these two letters, which the second letter confirmed, is in the following terms :- "Bombay, October 24, 1924. I beg to note that I have agreed to take a lease from you of the vacant land lying in front of your three chawls at Foras Road in Bombay excluding the portion of the land ten feet in width running along the front of the three ohawls and also excluding a ten feet passage for ingress to and egress from the chawls. The lease is to be for a period of five years commencing from January 1, 1925, at the monthly rent of Rs. 151. You are to pay all Municipal taxes in respect of the land, provided that if the annual rent of the property for the purpose of Municipal assessment is fixed at over Rs. 1812, I am to pay the increase in the Municipal taxes by reason of the annual rent being fixed at over 1812, I am to pay rent for every month in advance on the first day of the month. I have given you a cheque for Rs. 151 which sum is to be kept by you as deposit during the continuance of the lease. I am not to use the demised premises for any other purpose other than that of storing timber. I am not to assign the demised premises without your previous consent in writing and am not to erect any building or structure on the land which may contravene the rules and regulations of the Municipality or any other public body. You are to be at liberty to determine the lease after giving me three months notice in writing in the event of your deciding to build on the demised land.
(2.) A formal lease is to be executed, and such lease will contain a proviso for re-entry in case of default in payment of rent for a month after it became due or in case of breach of any of the covenants and conditions contained in the lease and to be performed and observed by me and such other usual terms and conditions as your attorneys may think fit to be inserted in the lease. The charges in connection with the preparation and execution and registration of the lease will be paid by us in equal shares. Yours faithfully.
(3.) Paragraph 1 of the letter states that the writer has agreed to take a lease from the addressee; paragraph 2 states that the lease is to be for a period of five years commencing from January 1, 1925 ; paragraph 3 states that the rent for each month is to be paid by the writer in advance on the first day of the month and that he has given to the addressee a cheque for Rs. 151 which sum is to be kept by the addressee as deposit during the continuance of the lease. Paragraph 4 refers to the premises as demised premises. The premises are referred to as " demised premises " and " demised land" respectively in paragraphs 5 and 6. Paragraph 7 of the letter states that a formal lease will be executed and such lease will contain a proviso for re-entry in case of default in payment of rent for a month after it becomes due or in case of breach of any of the covenants and conditions in the lease to be performed and observed by the writer and such other usual terms and conditions as the addressee s attorneys may think fit to be inserted in the lease.;


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