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Issues:
1. Admissibility of unregistered lease agreement and validity of clause restricting building construction. 2. Interpretation of Section 90 of the Indian Registration Act regarding government documents. 3. Application of the Crown Grants Act to land transfers. 4. Compatibility of government contracts with Section 19 of the Malabar Compensation for Tenants' Improvements Act. Analysis: 1. The case involved the admissibility of an unregistered lease agreement and the validity of a clause restricting building construction. The defendant argued that the lease was not admissible as it was not registered and that the clause restricting building construction violated the Malabar Compensation for Tenants' Improvements Act. However, the courts ruled against these contentions, upholding the admissibility of the lease and the validity of the building restriction clause. 2. The interpretation of Section 90 of the Indian Registration Act was a key issue. The court disagreed with the application of the ejusdem generis rule in interpreting the section. It was held that a lease of land falls within the scope of documents protected under Section 90(1)(d) of the Act, which includes grants or assignments by the government. The court rejected the argument that a lease should be excluded from the provision, emphasizing the broad interpretation of "grants or assignments of interest" to encompass a lease. 3. The court addressed the application of the Crown Grants Act to land transfers. It was noted that the Act covers all transfers of land, irrespective of whether they involve prerogative rights of the Crown or ordinary commercial transactions. The court rejected the argument that the Act only applies to Crown prerogatives, emphasizing the Act's broad language and dismissing contrary precedents. 4. Regarding the compatibility of government contracts with the Malabar Compensation for Tenants' Improvements Act, the court found that the wide language of Section 3 of the Crown Grants Act supported the conclusion that government contracts are not subject to the restrictions of Section 19 of the Malabar Act. The court emphasized that government contracts are distinct and exempt from certain provisions applicable to private parties. In conclusion, the court upheld the decisions of the lower courts, dismissing the Second Appeal and granting the appellant two months to remove the buildings erected in violation of the lease agreement.
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