Mrs. Alka Arora vs M/S Peerless General Finance & on 9 October, 2018
30. The above view further was upheld by the Hon'ble High court of
Delhi in M/s. Singer India Ltd. Vs. Smt. Amita Gupta (Delhi)
wherein 2001(1) RCJ 444, wherein it was held that there are two
statutory provisions which required discussion :
Para 6.... "One is contained in Section 107 of the T.P.
Act as per which every lease of immovable property
from year to year, or for a term exceeding one year, or
reserving a yearly rent, can be made only by a
registered instrument. According to the appellant term
of three years lease in perpetuity is contained in the
lease deed and will enure for his benefit every three
years. But any lease for a year or more would require
compulsory registration as per the provisions of
Section 107 of the T.P. Act. Therefore, it is to be
determined as to whether the appellant can get the
benefit of Section 53A of the T.P. Act and contend that
due to the socalled part performance of paying
enhanced rent after the expiry of original period of
CS SCJ No. 12682/16 Mrs. Alka Arora Vs. M/s Peerless General Finance & Investment Co. Ltd. Page no. 20 Of 32
lease, the tenancy got extended by another three years,
even when there was no instrument executed between
the parties creating lease for another three years, what
to talk of a registered instrument".