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1995 (9) TMI 387 - SUPREME COURT

1995 (9) TMI 387 - SUPREME COURT - 1996 AIR 207, 1995 (3) Suppl. SCR 527, 1995 (6) SCC 520, 1995 (5) SCALE 535 - Civil Appeal No. 8429 of 1995 - Dated:- 11-9-1995 - RAMASWAMY, K. AND HANSARIA B.L. JJ. JUDGMENT: Leave granted. These appeals by special leave arise from the judgment dated 26.8.1994 of the Division Bench of the High Court of Madhya Pradesh in L.P.A. Nos.21 and 22 of 1994 titled State of M.P. and others Vs. Santosh Jaiswal and L.P.A. No. 21/94 titled State of M.P. and others vs. Sure .....

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for more than one year. In the counter-affidavit filed in this Court, it was stated that the lease was for more than two year. Shri Pramod Swarup, learned counsel for the appellants, contended that it is only a licence and that, therefore, it is neither an instrument compulsorily registerable under Section 17 of Registration Act nor liable to stamp duty under the Indian Stamp Act. We do not agree with the learned counsel. It is true that the learned Single Judge while disposing of the writ petit .....

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pendre is not an immovable property and that, therefore, it is not compulsorily registerable instrument. That contention was rejected by the High Court. Section 3 of the Transfer of Property Act defines "immovable property". It does not include standing timber, growing crop or grass. Clause (26) of Section 3 of the General Clauses Act is equivalent to Section 2(18) of the M. P. General Clause Act which defines immovable property thus: "2(18) "Immovable property" include .....

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ng a yearly rent is compulsorily registerable instrument. This Court considered the controversy in The Bihar Eastern Gangetic Fishermen Cooperative Society Ltd. vs. Sipahi Singh and others [(1977) 4 SCC 145] and held that if the profit a prendre is a tangible immovable property, its sale has to be by means of a registered instrument in case its value exceeds ₹ 100/-. If it is intangible, the sale is required by Section 54 of the Transfer of Property Act, 1882, to be effected by a registere .....

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e, it is an immovable property. Even though it is profit a prendre, since it is a benefit to arise from the land, it is an immovable property. If its value is more than ₹ 100/- or the lease is on year to year basis, it is a compulsorily registerable instrument under Section 17(1)(c) of the Indian Registration Act. It is an instrument under Article 35(a) of Schedule 1-A Clauses (1) to (3) of the Stamp Act. Therefore, it requires to be engrossed with required stamp duty and registered under .....

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Supp. SCC 280] they render little assistance to the facts in these cases. Therein the question was whether the right to catch fish is a lease or a licence. In view of the language of documents in those cases, this Court considered that it would be a licence but not a lease. Since the document has not been placed before us, we cannot decipher whether it is a licence or a lease. Since the controversy was not put in issue before the Division Bench, we proceeded on the premise that it is a lease. U .....

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