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TMI Blog1940 (12) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the plaintiff. 2. The defendants became the tenants of the applicants. The terms upon, which they became the tenants of the applicants are set out in the correspondence annexed to the affidavit of N.M. Bhagalia dated March 6, 1940. That correspondence amounting to an agreement to lease ought to have beem registered by reason of the definition of a lease in Section 2(3) of the Indian Registration Act and Section 17(2) (d). It was not registered. Notwithstanding registration by virtue of the proviso to Section 49 of the Indian Registration Act these letters may be looked at as evidence of any collateral transaction not required to be affected. by a registered instrument. Mr. M.V. Desai for the plaintiff has conceded that these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this dispute because this matter falls to be determined on a point of law. 5. Clause 12 of the letter of July 27, 1931, which letter became One of the terms between the parties, requires the lessees to deliver over possession of the demised premises at the determination of the tenancy in the same good condition as it was at the time the lessees entered into possession subject to wear and tear. Clause 15, which also became one of the terms, provides as follows:-- On the determination of the tenancy the lessees shall be entitled to remove the structure or shed which they might have erected during the continuance of the tenancy, 6. Mr. Desai contended that this is a contract between the parties such as is contemplated by Section 108 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opinion Clause (15) does amount to a contract between the parties which excludes the provisions of Section 108 of the Transfer of Property Act. I have to construe Clause (15) and determine the rights of the defendants and the lessors in the light of it. Having regard to Clause (12) of the terms which makes it obligatory upon the lessees to deliver over possession at the determination of the tenancy, I am of opinion that the defendants were given no right to remain in possession after the determination of the tenancy. Clause 15 gives the lessees the right to remove the structures or sheds on the determination of the tenancy. It is important to observe that the words are on the determination of the tenancy, and not after the determination ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emand possession of them or compensation for them. I am unable to agree with this contention. If the defendants chose to leave these structures on the property of the lessors and chose not to remove them within the time allowed by the contract, or by law in that behalf, then in my opinion the defendants lost all right title and interest in those structures. They could not, in my view, have claimed to enter upon the premises with a view to remove them; they could not have sought to compel the lessors to remove them and hand them over, and the result is that it became the right of the lessors to do what they liked, with those structures, to destroy them, or leave them, there as they chose. 11. Accordingly I am of opinion that the applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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