1905 (1) TMI 1

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..... out of which this appeal arises was one brought by the plaintiffs for a declaration of their right and title to certain market dues which they alleged had been leased to them by the zamindars. The defendants are persons who claim under some similar title. That which is conveyed appears to have been a right to enter temporarily upon certain land upon which a weekly fair was hold and to receive the .....

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..... eal is brought. On behalf of the appellants it is urged that by virtue of section 107 of Act No. IV of 1882 and also by dint of section 17, clause (d) of the Registration Act such a lease could be made only by a registered instrument, the lease being one of immovable property for a term exceeding one year and reserving yearly rent. Our attention is called to the definition of immovable property co .....

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..... nd therefore we are constrained to find that the document in question purported to convey that which falls within the definition of immovable property. The so-called lease being an unregistered instrument, it could not effect the transfer and could not be admissible in evidence. We are therefore of opinion that the Court of first instance was right. We Bet aside the order of the lower appellate Co .....

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