LexMANGAN LAL DEOSHI versus MOHAMMAD MOINUL HAQUE & OTHERS.
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. . • S.C.R. SUPREME COURT REPORTS 833 of the Indian Penal Code, and direct that he be set at 195" liberty forthwith. In crdinary circumstances, we -d- . . b Afohin er Singh might have remanded the case for a fresh tnal, ut we v. consider that such a course would, in the present The State. case, be unfair and contrary to settled practice, seeing that the appellant has been in a state of suspense over Fail Ali J. his sentence of death for more than a year . Appeal allowed. Agent for the appellant: R.S. Narula. Agent for the respondent: P.A. Mehta. MANGAN LAL DEOSHI v. MOHAMMAD MOINUL HAQUE & OTHERS. [SHRI HARILAL KANIA C.J., PATANJALI SASTRT and DAS JJ.] Indian R<gistration Act. 1908. s. 17 (1) (bl awl (d), !. 17 (21- " Lease "-Conivromise decree c1·eatina !tnder.lea.se l.Jetw::e11 A and E on condition that A vavs a. s1t11i. of money to 0-TV!utlrnr comr'llfrorify regist1·ab 1e-Aareem£nt to lease not creatin'] i'lnm~diate interest in la~d-Whether ''lease ". An agreement for a lense, which a lease is by the Indian Registration Act declared to include, must be a document which effects an nctu•I demise and operates as a lease. It must creato a present and irn1nediate interest in land. Where a litigation between two perrnns A and B who claimed to he tenants under C was settled by a compromise decree tho effect of which \\'RS to create a perpetual underlease between A and B which was to tako effect only on condition that A paid ll.s. 8,000 to C within a fixed period : He,7d, that such a contingent agreement was not 11 a. lease" within cl. (d) of s. I 7 (1) of the Indian Registrotion Act, ond even though it was covered by cl. (b' of the said section it was exempt from registration under cl. (vi) of sub·s. (2) of s. 17. Hemanta Kumari Debi v. Midnapur Zaminiari Co. (I L.R. 47 Cal. 485 P.O.) relied on. CIVIL APPELLATE j!JRISmGTION: Civil Appeal No. 94 of 1949. · 107 1950 Dec. l, 834 SUPREME COURT REPORTS (1950] 1950 Appeal from a judgment and decree of the High Court of Judicature at Patna in Appeal from Appel- M";;!:,:ti1 late Decree No. 97 of 1946 (Manohar Lall and v. Mukherji JJ.) dated 23rd December, 1947, confirming Mohammad the judgment of the District Judge of Purulia in Jfo;•u! Hague Appeal No. 159 of 1944 . .tOthera S. P. Sinha (P. K. Bose, with him) for the appellant. N. C. Chatterjee and Panchanan Ghosh (Chandra Narayan Naik, with them) for the respondent. 1950. December 1. The Judgment of the Court was delivered by Patanjali PATANJALI SASTRI ].-This appeal arises out of a 8••tri J. suit brought by the respondent in the court of the Subordinate Judge, Dhanbad, for recovery oi arrears of royalty and cess from the appellant and another alleged to be due under a compromise decree passed on the 6th March, 1923, in a previous suit between the predecessors in interest of the parties. The only plea which is material for the purpose of this appeal is that the compromise decree not having been registered was inadmissible in evidence. The courts below held that the document did not require registration and gave effect to its terms in decreeing the suit. The second defendant has preferred this appeal. The facts are not now in dispute and may be briefly statJ!d. On 11th March, 1921, one Kumar Krishna Prasad Singh (hereinafter referred to as Kumar) granted a permanent lease of the right to the under- ground coal in 5,800 bighas of land belonging to him to Shibsaran Singh and Sitaram Singh (hereinafter referred to as the Singhs) by a registered patta stipu- lating for a salami of Rs. 8,000 and royalty at the rate of 2a. per ton of coal raised subject to a minimum of Rs. 8,000 and for certain other cesses and interest. On 7th June, 1921, Kumar executed another permanent patta leasing the right to the coal in 500 bighas out of the 5,800 bighas referred to above to one Prayagji Bo1llavji Deoshi and his son Harakchand Deoshi (here- inafter referred to as the Deoshis). By this document -- S.C.R. SUPREME COURT REPORTS 835 the Deoshis agreed inter alia to pay royalty at the rate of 2a. per ton on all classes of coal raised subject to a minimum of Rs. 750 a year. The Singhs feeling themsel- ves aggrieved by the latter transaction brought a title suit (No. 1291of1921) in the Court of the Subordinate Judge of Dhan bad for a declaration of their title and for possession of the 500 bighas leased to the Deoshis under the aforesaid pa
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