Madhya Pradesh HC cannot use its writ jurisdiction under Article 226 to alter or amend a lease deed: SC

Under Section 17 of the Registration Act of 1908, it’s mandatory to register lease deeds for renting an immoveable property for a period over a year

The Supreme Court has observed in a judgment that the Madhya Pradesh High Court cannot use its writ jurisdiction under Article 226 of the Constitution to alter or amend a lease deed which has to be compulsorily registered under Section 17 of the Registration Act of 1908.

Under Section 17, it is mandatory to register lease deeds for renting an immoveable property for a period over a year.

The judgment on April 19 by a Bench led by Justice Ajay Rastogi was based on an appeal filed by the Gwalior Development Authority on the execution of a lease deed.

“Since the lease deed was to be compulsorily registered under Section 17 of the Registration Act, 1908, it was nowhere open to be altered or amended even by the High Court in exercise of its jurisdiction under Article 226 of the Constitution,” Justice Rastogi observed.

The High Court had, in April 2011, directed the Authority to execute a lease deed for a balance area of land measuring 9,625.50 sq. m. out of a total plot area 27,887.50 sq. m.

“In our considered view, the judgment passed by the High Court in issuing a mandamus to execute the lease deed in favour of the respondent for the remaining area of 9625.50 sq. meters is completely beyond jurisdiction and such directions, in our view, being contrary to law deserve to be set aside,” Justice Rastogi has held.