Section 47 of the Registration Act, 1908 – Time from which registered document operates – Whether sale takes effect from the date of execution or date of registration
The plaintiff filed suit for declaration of ownership of suit land on the basis of sale-deed executed on 6.6.1975 and registered on 23.7.1975.
The suit was resisted that the sale-deed registered was only for 1/3rd share i.e. 23 Kanals 8 marlas.
It was found that the sale-deed executed on 6.6.1975 was for entire 71 Kanals 8 marlas. However, before registration, the defendant no.1 made interpolation by adding that only 1/3rd share measuring 23 kanals and 8 marlas was sold.
The trial Court decreed the suit and held that the entire land of 71 kanals 8 marlas was sold. The first Appeal Court allowed the appeal and held that the correction was bona fide. However, the High Court allowed the appeal on 16.3.2010 and restored the decree of the trial Court.
The Supreme Court held that the sale deed executed by the vendor becomes an instrument of sale only after it is registered, the entire consideration was paid on the date of execution of the sale-deed and the sale-deed was registered with interpolation about the area / description of the sold property. In terms of Section 47 of the Registration Act, a registered sale deed where entire consideration is paid would operate from the date of its execution. Thus, the sale-deed as originally executed will operate. The corrections unilaterally made by the first defendant after execution of the sale-deed without knowledge and consent of the purchaser will have to be ignored. The changes made with consent of the plaintiff would relate back to the date of execution.
Judgment dated 2.1.2024 in Civil Appeal No.9093 of 2013 of Kanwar Raj Singh (D) Th. L.Rs. Vs. GEJO. (D) Th.Lrs & Ors.
