Section 53- A is available only as a defence to a lessee and not as conferring a right on the basis of which the lessee can claim rights against the lessor where the lease deed is unregistered. under s. 53A of the Transfer of Property Act, a transferor is barred from interfering with the rights of the transferee, even if the transferee gets possession of any part of the property sought to be trans- ferred by the unregistered document of transfer. That section specifically uses the expression "taken possession of the property or any part thereof"
Where lease is for a period exceeding one year, Section 107 of the Transfer of Property Act is applicable and such a lease could not have been validly made, except under a registered instrument. Where no definite period for the lease is mentioned, S. 106 of the Transfer of Property Act is applicable and the lease in respect of immovable property must be deemed to be a lease from month to month.
Delhi Motor Company And Ors vs U.A. Basrurkar And Ors 1968 AIR 794, 1968 SCR (2) 720
http://indiankanoon.org/doc/1765703/
S. 53A is only meant to bring about a bar against enforcement of rights by a lessor in respect of property of which the lessee had already taken possession, but do not give any right to the lessee to claim possession or to claim any other rights on the basis of an unregistered lease. Section 53A of the Transfer of Property Act is only available as a defence to a lessee and not as conferring a right on the basis of which the lessee can claim rights against the lessor.
S. 27A of Specific Relief Act is not applicable when compared with the provision in S. 53A of the Transfer of Property Act clearly brings out the position that the former section is only applicable when possession of the entire property, which is the subject-matter of the contract, has been taken, while the latter section is made applicable even if the lessee takes possession of any part of the property.
Where lease is for a period exceeding one year, Section 107 of the Transfer of Property Act is applicable and such a lease could not have been validly made, except under a registered instrument. Where no definite period for the lease is mentioned, S. 106 of the Transfer of Property Act is applicable and the lease in respect of immovable property must be deemed to be a lease from month to month.
Delhi Motor Company And Ors vs U.A. Basrurkar And Ors 1968 AIR 794, 1968 SCR (2) 720
http://indiankanoon.org/doc/1765703/
S. 53A is only meant to bring about a bar against enforcement of rights by a lessor in respect of property of which the lessee had already taken possession, but do not give any right to the lessee to claim possession or to claim any other rights on the basis of an unregistered lease. Section 53A of the Transfer of Property Act is only available as a defence to a lessee and not as conferring a right on the basis of which the lessee can claim rights against the lessor.
S. 27A of Specific Relief Act is not applicable when compared with the provision in S. 53A of the Transfer of Property Act clearly brings out the position that the former section is only applicable when possession of the entire property, which is the subject-matter of the contract, has been taken, while the latter section is made applicable even if the lessee takes possession of any part of the property.
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