TMI Blog1989 (8) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... ccasion containing the following statement as one of the clauses: That they will not assign or underlet or part with the premises hereby demised without the permission in writing of the landlord subject however to this proviso that they shall be entitled to assign or otherwise part with the possession of the said premises or any part thereof to their associate concerns without such consent but in any event the lessees shall be liable for the payment of the rent during the term hereby granted. 3. The appellant is a manufacturing company of Scooters, Pickup Vans and Auto-Three-Wheelers. Alleging that the appellant had sub-let the premises to M/s. United Automo- biles without his consent, the respondent contended that the ground mentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tured by the appellant on the basis of commission, (ii) it pays the same amount to the appellant as the rent of the premises payable by the appellant to the respondent, and (iii) is entitled to be in possession only as long as it continues to be a dis- tributor, it should be held to be an 'associate concern' within the meaning of the aforementioned term of the lease. In reply of the respondent's contention that the term can not be taken into consideration as the deed is not a regis- tered one, it was urged that the appellant, in view of the provisions of S. 49 of the Registration Act, is entitled to rely upon the term for 'collateral purpose'. The argument is that the document may not be admissible for the purpose of pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent that the aforesaid clause can not be looked into for want of registration of the lease deed appears to be correct. Reli- ance has been placed on the observations of Fazal Ali, J. in Sachindra Mohan Ghose v. Ramjash Agarwalla, A.I.R. 1932 Patna 97 that if a decree purporting to create a lease is inadmissible in evidence for want of registration, none of the terms of the lease can be admitted in evidence and that to use a document for the purpose of proving an important clause in the lease is not using it as a collateral purpose. 8. The learned counsel for the appellant attempted to meet the point by saying that so far the consent of the landlord permitting sub-letting is concerned, it does not require registration and the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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