Law:

Section:

(a) Registration Act (XVI of 1908)----- S. 17 read with S, 49(a)-Unregistered document-Value-Instrument requiring compulsory registration but not registered-Does not operate to "create declare, assign, limit or extinguish any right, title or interest in any immovable property" but not a dead letter-Such instrument can be received in evidence for a collateral purpose. (b) Transfer of Property Act (IV of 1882)- -- S. 116-Tenant "holding over"-"Tenant by sufferance"-Posses­sion, contumacious-Damages-Tenant continuing in possession after determination of lease with consent of lessor whether express or tacit--Different in position from that of a tenant continuing in possession without consent of lessor-Lessee's position in latter case that of a "tenant by sufferance''-Essential condition for treating lessee as tenant "holding over" : acceptance of rent by lessor or otherwise assenting to lessee's continuous possession-Lessor twice peremptorily refusing lessee's request for extension of lease period, having decided to re-enter business himself and no evidence produced showing lessor's assent to lessee's continuance in possession, lessee's possession, held, contumacious and wrongful, entitling lessor to damages.[Damages]. There is clear distinction between a tenant continuing in possession after the determination of the lease with the consent of the lessor whether express or tacit and a tenant continuing in possession without the consent of his lessor. In the latter case the lessee's position is that of a "tenant by sufferance' in the language of the English Law. Under section 116 of the Transfer of Property Act, the essential condition for treating a lessee, as tenant "holding over" is that the lessor accepts rent or otherwise assents to the lessee's continuing in possession. But there is not a speck of evidence to that effect : rather all indications on the record point to the opposite. It is not denied that twice the respondent per-emptorily refused the appellant's request for extension of lease beyond the date of expiry of the lease, because the respondent had decided to reenter the business of ginning cotton in Pakistan itself. Therefore, the Courts rightly…

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