Search Results Page
Search Results
1 - 6 of 6 (0.21 seconds)Ram Saran Lall And Others vs Mst. Domini Kuer And Others on 27 April, 1961
3. The findings recorded by the High Court and the trial
court have been assailed by Shri Sen, the learned Senior
Counsel appearing for the appellant, and it is claimed that
the lease deed having been registered after the material
date, it could not confer any title on the respondent as the
right title-ininterest of the respondent's predecessor
already stood vested in the State prior to registration of
the lease deed. The argument does not appear to be sound.
Section 47 of the Registration Act provides that a
registered document shall operate from the time it would
have commenced to operate if no registration thereof had
been required or made and not from the time of its
registration. It is well established that a document so
long it is not registered is not valid yet once it is
registered it takes effect from the date of its execution.
(See Ram Saran Lall v. Mst Domini Kuer1 and Nanda Ballabh
Gururani v. Smt Maqbool Begum2.) Since, admittedly, the
lease deed was executed on 5-12-1949, the plaintiff after
registration of it on 3-4-1950 became owner by operation of
law on the date when the deed was executed. Therefore, the
land did not vest in the State. And the courts below did
not commit any error in negativing the claim of appellant.
Nanda Ballabh Gururani vs Smt. Maqbool Begum on 29 April, 1980
3. The findings recorded by the High Court and the trial
court have been assailed by Shri Sen, the learned Senior
Counsel appearing for the appellant, and it is claimed that
the lease deed having been registered after the material
date, it could not confer any title on the respondent as the
right title-ininterest of the respondent's predecessor
already stood vested in the State prior to registration of
the lease deed. The argument does not appear to be sound.
Section 47 of the Registration Act provides that a
registered document shall operate from the time it would
have commenced to operate if no registration thereof had
been required or made and not from the time of its
registration. It is well established that a document so
long it is not registered is not valid yet once it is
registered it takes effect from the date of its execution.
(See Ram Saran Lall v. Mst Domini Kuer1 and Nanda Ballabh
Gururani v. Smt Maqbool Begum2.) Since, admittedly, the
lease deed was executed on 5-12-1949, the plaintiff after
registration of it on 3-4-1950 became owner by operation of
law on the date when the deed was executed. Therefore, the
land did not vest in the State. And the courts below did
not commit any error in negativing the claim of appellant.
Article 136 in Constitution of India [Constitution]
Section 47 in The Registration Act, 1908 [Entire Act]
Section 117 in The Transfer Of Property Act, 1882 [Entire Act]
1