- Court
- Supreme Court of India
- Decided
- 11 February 2002
- Bench
- Syed Shah Mohammed Quadri, Bisheshwar Prasad Singh
- Result
- Petition dismissed.
Headnote
Registration Act, I 908 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 I 36 of the Constitution-Deeds and Documents-Commencements of operation-Constitution of India-Article 136.
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
Heard the learned counsel for the petitioner. .
Jamail Singh, respondent No. 2 executed two documents of sale (Exs. P-2 and D-1) on November 25, 199 I. Having regard to the findings of the Courts below that Ex. P-2 was executed earlier than Ex.D.1-land having noted Ex. P-2 in favour of the first respondent was executed at 10.00 a.m. and it was not shown when Ex. D-1 was executed in favour of the petitioner, the High Court, vide its order dated October 25, 2001, in RSA No. 4050 of 1999 confirmed the concurrent finding of the courts below holding that Ex. P-2 prevails over Ex. D-1 and thus dismissed the second appeal. It is against the said order that this Special Leave Petition is filed.
In view of the provisions of Section 4 7 of the Registration Act, 1908 it is well-settled that 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, the time of their execution would determine the priority irrespective of the time of their registration. The one which is executed earlier in time will prevail over the other executed subsequently. In view of the concurrent findings, referred to above, the High Court has rightly held that Ex. P-2 prevails over Ex. D-1. We find no illegality in the order of the High Court warranting our interference under Article 136 of the Constitution of India.
Accordingly, the Special Leave Petition is dismissed.
Case details
Arising from
CIVIL APPELLATE JURISDICTION : Special Leave Petition (C) No. 1969 of 2002.
From the Judgment and Order dated 25.10.2001 of the Punjab and Haryana High Court in R.S.A. No. 4050 of 1999.
Appearances
Vipin Gogia and Ms. Jaspreet Gogia for the Petitioner.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.