Property lawLeaseSupreme Court of India

Anthony v KC Ittoop and Sons

(2000) 6 SCC 394; 2000 INSC 34820001 min read
The case in brief30-second read
Facts
The owner let a building to the appellant under an unregistered lease deed for five years. The appellant took possession and paid monthly rent. The owner sued in a civil court to evict him, treating him as having no lease.
Issue
Did the appellant hold as a tenant despite the unregistered deed?
Held
The unregistered deed could not create a lease for five years, because of S.107 TPA and S.17(1) and S.49 of the Registration Act.
Principle
An unregistered lease deed for more than a year cannot create a lease (S.107 TPA, S.17 and S.49 Registration Act), but a lease can still arise by conduct: possession given by the owner and monthly rent paid create a tenancy presumed to be month to month.
Cite this

Facts

  • The owner let a building to the appellant under an unregistered lease deed for five years. The appellant took possession and paid monthly rent.
  • The owner sued in a civil court to evict him, treating him as having no lease.

Issue

  1. Did the appellant hold as a tenant despite the unregistered deed?

Held

  • The unregistered deed could not create a lease for five years, because of S.107 TPA and S.17(1) and S.49 of the Registration Act.
  • But a lease can be made otherwise, expressly or by implication. Being put into possession by the owner and paying monthly rent created a landlord-tenant relationship, presumed to be a lease not exceeding one year.
  • When the Kerala Rent Control Act came into force he became a statutory tenant, so only the Rent Control Court could evict him. The eviction decree was set aside.

Cite this

Citation

Anthony v KC Ittoop and Sons (2000) 6 SCC 394; 2000 INSC 348

Reported: https://jkhighcourt.nic.in/upload/judgments/2023/sci/S_2000_1_645_654.pdf (SCR scan; not found on IK or SCI JUDIS). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.