Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | I 908 S.47 Registration Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Registration Act, 1908. S.47-Sale deeds-Commencement of operation-Two sale deeds (Ext. P-2 and Ext. D-1) executed the same day-Time of execution of P-2 shown as 10.00 A.M-Time of execution of D-1 not shown-Concurrent findings of courts below that Ext. P-2 executed earlier than Ext. D-2 and former prevails over latter-Held, a document on subsequent registration will take effect from the time when it was executed and not from the time of its registration-Where two documents are executed on the same day, time of their execution would determine the priority irrespective of the time of their registration-The one which is executed earlier would prevail over the other executed subsequently- In view of concurrent findings of courts below, High Court rightly held that Ext. P-2 prevails over Ext.-D-1-There is no illegality in the order of High Court warranting interference under Article 136 of the Constitution-Deeds and Documents-Commencements of operation-Constitution of India-Article 136. |
Judge | N/A |
Neutral Citation | 2002 INSC 74 |
Petitioner | Gurbax Singh |
Respondent | Kartar Singh And Ors. |
SCR | [2002] 1 S.C.R. 940 |
Judgement Date | 2002-02-11 |
Case Number | 1969 |
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