Law:

Section:

(a) Registration Act (XVI of 1908), S. 49 Unregistered lease deed executed by tenant in favour of landlord Admissible in evidence for proving nature of possession. Where, in a suit for recovery of house rent, the defendant denied the title of the plaintiff in the land and the plaintiff pro¬duced an unregistered lease showing that the defendant took lease of the house from him, the trial Court rejected the lease deed on the ground that it was not registered and, therefore, was not admissible in evidence: Held, that the unregistered lease deed may not go to prove the plaintiff's title but under section 49 of the Registration Act, 1908 it was admissible in evidence to explain the nature of possession of the defendant. (b) Provincial Small Cause Courts Act (IX of 1887), S. 23--¬Question of title cannot be gone into, except incidentally. In a Small Cause Court Suit, the Court cannot go into the question of title except incidentally for the purpose of deciding the question raised in the suit which is absolutely necessary for the decision of the case. (c) Evidence Act (I of 1872), S. 116 Estoppel between landlord and tenant Tenant inducted by landlord cannot deny title of land¬lord during continuance of tenancy. Chengtu Sarkar v. Jaheruddin Mondal A I R 1926 Cal.' 723 distinguished. THIS JUDGMENT DELIVERED BY: CHOWDHURY, JUSTICE---.--- This Rule is directed against the decision of the learned Small Cause Court Judge in a suit for house rent. 2. The plaintiff petitioner filed a suit for recovery of Rs. 720 as house rent for 36 months commencing from July 1954 upto June 1957, in respect of the premises in suit at the rate of Rs. 20 per month alleging that the defendant is a bharatia (tenant) under him in respect of the premises at the rate of Rs. 20 as house rent per month and he has not paid the rent for the period under claim in spite of repeated demands. 3. The suit was contested by the defendant. He denied the title of the plaintiff in the land and set up a title to the East Bengal Railway of the Government of Pakistan and alleged that the plaintiff practised fraud by misrepresenting that the land in suit belonged to him and that the defendant has been paying rent…

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