Delhi Motor Company v UA Basrurkar
AIR 1968 SC 794; (1968) 2 SCR 72019681 min read
The case in brief30-second read
- Facts
- A firm sued a company for possession of part of Scindia House, New Delhi, under an agreement of sub-lease for more than a year that was never registered. The firm had taken possession of part of the premises (part of the show-room and balcony).
- Issue
- Can a transferee rely on S.53A to sue for possession or other rights?
- Held
- No. S.53A only bars the lessor from enforcing rights against a lessee in respect of property the lessee already possesses. It gives the lessee no right to claim possession or any other right on an unregistered lease.
- Principle
- S.53A TPA is only a defence (a shield) for a transferee in possession; it gives no right to claim possession or other rights on an unregistered lease or contract.
Facts
- A firm sued a company for possession of part of Scindia House, New Delhi, under an agreement of sub-lease for more than a year that was never registered.
- The firm had taken possession of part of the premises (part of the show-room and balcony).
- It argued that S.53A TPA let it claim possession of the rest.
Issue
- Can a transferee rely on S.53A to sue for possession or other rights?
Held
- No. S.53A only bars the lessor from enforcing rights against a lessee in respect of property the lessee already possesses. It gives the lessee no right to claim possession or any other right on an unregistered lease.
- S.53A is available only as a defence. The Court followed the Privy Council in Probodh Kumar Das v Dantmara Tea Co (1939) 66 IA 293.
- Specific performance under old S.27A Specific Relief Act also failed, because possession had not been taken of the whole property. The appeal was dismissed.
Cite this
Citation
Delhi Motor Company v UA Basrurkar AIR 1968 SC 794; (1968) 2 SCR 720Reported: https://api.sci.gov.in/jonew/judis/2188.pdf ; https://indiankanoon.org/doc/1765703/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.