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Article Published in the Express Magazine Dated
September 02,
2001
General Attorney : Rajiv K. Luthra
I entered into a lease for a period of 3 years,
on the basis of monthly payment. The deed was not
registered. I have been living there for 14
months, and all of a sudden my landlord wants me
to vacate the property. According to him, the
lease is void on account of non-registration of
the lease deed. Is that true?
Sudhir Kashyap, Delhi
It is true that a lease deed for any period
exceeding one year requires to be registered in
order to become a valid instrument. Registration
of a lease for a period beyond a year is a
mandatory requirement under the Section 107 of the
Transfer of Property Act, 1882, ('TPA'), and
Sections 17 (1) of the Registration Act, 1908.
But, the owner of the property cannot evict you
only on the ground of non-registration. A lease is
a transfer of a right to enjoy the property and
such transfer can be made expressly or by
implication. It has been upheld by the Supreme
Court that an unregistered instrument will not
stand in the way to determine whether a lease
otherwise exists than through such deed. When a
person is given possession of a building by its
owner and the occupant is paying monthly rent or
has agreed to pay rent in respect of the building,
the legal character of that person’s possession
has to be attributed to that being a jural
relationship between the parties. Therefore, by
occupying the premises through its owner and by
paying a monthly rent as agreed, the relationship
between you and the owner of the premises would be
considered as a lease. However on the issue of
eviction, it is important to know if the
provisions of the Delhi Rent Control Act govern
your case. If yes, the landlord can seek eviction
only on the grounds provided under the said Act.
If not, then the provisions of TPA are attracted,
according to which, if a registrable lease deed is
not registered then the tenancy will be deemed to
be a month to month tenancy. To terminate this
kind of a tenancy, the landlord is required to
give you a notice of 15 days in compliance of
Section 106 of TPA prior to his seeking a decree
of possession, through the court of law.
How and when does a law graduate become a High
Court Judge or a Supreme Court Judge in India?
Y. Ahuja, Delhi
The process of appointment of judges to the
Supreme Court and the High Courts is an
integrated, participatory and consultative process
for selecting the best and most suitable person
available for appointment. Upon the arising of a
vacancy in the sanctioned strength of permanent
judges, the proposal for initiation for the
appointment is set in motion. In the case of a
Supreme Court judge, the Chief Justice of India
and in case of a High Court judge, the Chief
Justice of that High Court, makes such initiation.
The Constitution of India provides that judges of
High Court and Supreme Court have to be citizens
of India and below the age of 62 and 65 years,
respectively. Additionally, to become a High Court
judge, one has to hold a judicial office in India
or has to be an advocate of a High Court for at
least 10 years. To become a judge of the Supreme
Court the candidate has to be a judge of a High
Court for at least five years or an advocate of a
High Court for at least ten years or is in the
opinion of the President of India, a distinguished
jurist. Merit is the predominant consideration for
the purpose of selection . Upon the fulfillment of
the above criteria, the President after consulting
the Chief Justice of India, the Governor of the
State and Chief Justice of the High Court, shall
appoint a judge of the High Court. Likewise, he
shall upon consultation with the Chief Justice of
India, appoint a judge of the Supreme Court.
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