Custody of registered lease deed
Rajpal Sharma
(Querist) 13 December 2012
This query is : Resolved
Dear All
Who should have the custody of Registered Lease Deed, Lessor or Lessee?? Please refer case laws also.
Thanks in advance.
Rajpal Sharma
ajay sethi
(Expert) 13 December 2012
lessor will keep the original . certified copy can be with the lessee .
you dont need case laws
Rajpal Sharma
(Querist) 13 December 2012
Dear Mr. Sethi
many thanks for prompt reply.
I have a query below:
By way of lease interest is created in favour of Lessee, therefore lessee should have custody of the sme. Like, in case of Mortgage deed interest is created in favour of Bank and bank keeps original mortgage deed. On the other side the lessor had gotten interest in property by way of Sale Deed and he had that document in his custody.
ajay sethi
(Expert) 13 December 2012
have such a clause mentioned in the lease ded that original shall lie with lessee . i doubt that lessor will agree to such a clause in the contract
Rajpal Sharma
(Querist) 13 December 2012
Yes Sir. You rightly said, the lessor may not agree with such clause. We can make lessor agree only with support of law. But, i did not find any law governing the custody of document except that interest thing mentioned above. Please share, in case there is any laws govening the issue that rigistered original Lease deed should be in custody of Lessor.
Rajpal Sharma
Raj Kumar Makkad
(Expert) 13 December 2012
It hardly matters who keeps the original Lease-Deed with him and who keeps its copy. The matter is that after its registration, such document becomes a public document and in case of any dispute, it can very well be used similarly by both parties.
In Aktiebolaget Volvo and others v. R. Venkatachalam and another (I.A. No.5683/2008 in CS(OS) No.516/2007 decided by this Court on 18 th May, 2009), this Court held that since a photocopy or a copy would also be a document and it cannot be said that the provisions of the CPC for filing of documents necessarily CS(OS)No.2569/2000 & 524/2004 Page 9 of 63 relate to original documents. Dealing with the question as to whether under Order 13 Rule 1 of the CPC, the original documents has to be placed on the file of the Court and whether Evidence Act while providing for proof of documents by primary evidence requires filing/placing of the original document on the record of the Court, it was held that the legislative scheme permits production of originals for inspection only and filing of copies only. It was also held that endorsement/exhibit mark can also be put on the copies of the court record as well.
