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TMI Blog2012 (7) TMI 1144X X X X Extracts X X X X X X X X Extracts X X X X ..... o.167 of 1974, RCS No.211 of 1977 and RCS No.240 of 1980 against the respondent herein for recovery of arrears of rent for the period covering October 1971 to November 1980. The suits were decreed by the trial Court and the same was also confirmed by the lower appellate Court. However, the High Court set aside the judgment and decree of the Courts below on the sole ground that the rent deed marked as Exhibit-69 cannot be legally accepted in evidence for the purpose of recovery of rent and consequently the decree granted in favour of the appellants based on such inadmissible document cannot be sustained. While holding so, the High Court placed reliance on Anthony v. K.C. Ittoop Sons Ors.[2000 (6) SCC 394]. 4. Assailing the judgment of the High Court, the counsel for the appellants contended that even if the rent deed was not registered, as required under the provisions of the Registration Act and Transfer of Property Act, it can be relied upon for the collateral purpose of ascertaining the rent and as to whether the respondent was liable to pay such rent for the period for which it was claimed by the appellants. Counsel for the respondent would, however, contend that there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as well. 7. As against the above claim, according to the respondent the tenancy was entered into by him with the 8th respondent, namely, Abdul Rehman in the Second Appeal in the year 1968 and the rent was fixed at Rs.800/- per year. As far as non-payment of rent was concerned the same was not disputed by the respondent. The respondent however sought to explain it by saying that he carried out repairs by investing a sum of Rs. 5000/- and the appellants agreed to adjust the said sum from the rents payable to him. It was based on the above pleas that the parties went into trial. 8. The trial Court after examining the evidence rendered a categorical finding that the stand of the respondent was not supported by any legally admissible evidence, that the said Abdul Rehman himself admitted that the plaintiff Smt. Imambee wife of SK Mehtab Saheb who is none other than his mother was the owner of the shop and that the shop was rented out to the respondent only by his mother Imambee. The other respondents were the brothers and sisters of Abdul Rehman who also took a clear stand that it was only Imambee who was the owner of the demised premises. The Courts below also reached a definite f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while eschewing Exhibit-69 from consideration, the High Court should have noted that the relationship of landlord and tenant as between the plaintiffs and the defendants was an established factor and the rate of rent was admitted as Rs. 800/- per year. 11. In this context, when we refer to the decision in Anthony (supra) relied upon by the High Court, we wish to point out that while the learned Judge placed reliance upon paras 8 and 11 of the said decision, the learned Judge ought to have looked into other paragraphs of the same decision where this Court has made a specific reference to the second para of Section 107 of Transfer of Property Act to lay down the principle as under in paras 12 to 14: 12. But the above finding does not exhaust the scope of the issue whether the appellant is a lessee of the building. A lease of immovable property is defined in Section 105 of the TP Act. A transfer of a right to enjoy a property in consideration of a price paid or promised to be rendered periodically or on specified occasions is the basic fabric for a valid lease. The provision says that such a transfer can be made expressly or by implication. Once there is such a transfer of rig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as regards the arrears of rent payable by the respondent, the High Court ought to have upheld the decree for payment of arrears of rent by either directing the trial Court to calculate the actual amount payable by respondent or by modifying the decree to that extent. 13. In the written submissions of the appellants, it was contended that Exhibit 69, though an unregistered document, can still be relied upon for collateral purposes. In support of the said contention reliance was placed upon the decision of this Court in S. Kaladevi Vs. V.R. Somasundaram and Ors. - (2010) 5 SCC 407. The said decision is clearly distinguishable. In the case on hand Exhibit 69 was relied upon not for any collateral purpose but for the support of the main claim of arrears of rent. The suit was for arrears of rent and Exhibit 69 was filed to show the agreement of lease of the demised premises, the other terms of the lease and the rate of rent between the parties. Therefore, the contention that the document was filed merely for establishing some collateral transaction cannot be accepted. In that respect, the conclusion of the High Court as regards Exhibit 69 cannot be faulted. However, for reasons set o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt and the lower appellate Court stand restored with the above modification as regards the rent and the total amount due. SLP (C) No.23457/2011 17. This Special Leave Petition arise out of the judgment and decree passed by the Single Judge of the High Court of Judicature at Bombay in Civil Revision Application No.424 of 1987 dated 06.05.2011. The said revision was preferred by the respondent challenging the order of the Rent Controller dated 13.01.1986 in file No.1979.R.C.A.3 in Rent No.1/86. The said petition was filed before the Rent Controller under Section 15 of Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 for eviction of the defendant from House No.3-3-32 situated at Udgir. The plaintiff in RCS No.167/1974 along with her son Ahmed Saheb was the petitioner. The plaint for eviction was on the ground that RCS No.167/74 for recovery of rent was decreed, that the default in making the payment of rent was willful, that the tenancy was terminated on 6.12.1978, that the statutory period of six months was over and, therefore, the respondent was liable to be evicted. The respondent in the eviction petition did not file the written statement for a period of six ..... X X X X Extracts X X X X X X X X Extracts X X X X
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