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M. C. Setalvad

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Registration-Sale-When complete-If complete only on date of registration Preemption Indian Registration Act, 1908 (XVI of 1908), ss. 47 and 61. =P executed a sale deed on January 31, 1946, in respect of a house in favour of D and presented it for registration on the same day. On coming to know of the execution of the sale deed, the appellant who had a right of preemption, made the talab-i-mowasibat on February 2, 1946. The deed was copied out in the Registrar’s books on February 9, 1946, and thereupon the registration became complete as provided in s. 61 of the Registration Act. The appellant filed a suit for preemption. D resisted the suit on the ground that the sale was completed on February 9, 1946, and the talab had been made prematurely. The appellant contended that in view Of s. 47 Registration Act a registered document operated from the time it would have otherwise operated and the sale was completed on the date of its execution. Held (per Sinha, C. J., Sarkar and Mudholkar, jj.) that the sale was completed only on February 9, 1946, when the registration was complete, that the talab was made prematurely and that the suit must fail. Section 47 merely permitted a document when registered to operate from a date which may be earlier than the date on which it was registered, it did not say when the sale would be deemed to be complete. A sale which was required to be registered was not completed until the registration of the deed was completed. Tilakdhari Singh v. Gour Narain, A.I.R. (1921) Pat. 150, Nareshchandra Datta v. Gireeshchandra Das, (1935) I.L.R. 62 Cal. 979, and Gobardhan Bar v. Guna Dhar Bar, I.L.R. (1940) II Cal. 270, approved. Bindeshri v. Somnath Bhadry, A.I.R. (1916) All. 199 and Gopal Ram v. Lachmi Himir, A.I.R. (1926) All. 549, distin- guished. Per Das Gupta and Ayyangar, jj. –The sale was completed on the day of execution and the talab was made at the right time. Section 61 had nothing to do with the time when the sale evidenced by the registered deed became complete; it refers merely to the fact that the registering officer had completed his duty. Section 47 provided when a sale was deemed to be completed. There was no difference between the time when a sale 475 became effective and the time it could be held to be completed. Under s. 47 the crucial test for determining the time from which the registered document was to have effect or be deemed to be completed was the intention of the parties. The sale deed shows that the parties intended that the deed should be effective from the date of execution. =1961 AIR 1747, 1962( 2 )SCR 474, , ,

PETITIONER: RAM SARAN LALL AND OTHERS Vs. RESPONDENT: MST. DOMINI KUER AND OTHERS. DATE OF JUDGMENT: 27/04/1961 BENCH: SARKAR, A.K. BENCH: SARKAR, A.K. SINHA, BHUVNESHWAR P.(CJ) GUPTA, K.C. DAS AYYANGAR, N. RAJAGOPALA MUDHOLKAR, J.R. CITATION: 1961 AIR 1747 1962 SCR (2) 474 CITATOR INFO : R 1969 SC 244 (11) F 1972 SC2162 (4,5,7) ACT: … Continue reading

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