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january 1968

Supreme Court of India · 1968-01-08

DELHI MOTOR COMPANY AND ORS. vs U.A. BASRURKAR AND ORS.

Citation / case number
SC 1965/147
Court
Supreme Court of India
Petitioner
DELHI MOTOR COMPANY AND ORS.
Respondent
U.A. BASRURKAR AND ORS.
Bench
BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court held that the documents executed between the appellant firm and the respondent company constituted a lease that required registration under Section 107 of the Transfer of Property Act, 1882, as the lease was for a term exceeding one year. The Court ruled that since the documents were unregistered, the firm could not claim rights based on them. Additionally, the Court clarified that Section 53A of the Transfer of Property Act does not apply to confer rights on a lessee who has not taken possession, thus affirming the High Court's dismissal of the firm's suit.

DELHI MOTOR COMPANY AND ORS. vs U.A. BASRURKAR AND ORS. · Niyam