Property lawPart performanceSupreme Court of India

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.
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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

  1. 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.

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Citation

Delhi Motor Company v UA Basrurkar AIR 1968 SC 794; (1968) 2 SCR 720

Reported: 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.