GURBAX SINGH versus KARTAR SINGH AND ORS.

GURBAX SINGH versus KARTAR SINGH AND ORS.

Where two sale deeds are executed on the same day, the deed executed earlier (Ex. P-2) prevails over the one executed later, irrespective of the time of their registration, in accordance with Section 47 of the Registration Act, 1908.

Parties
Petitioner: Gurbax Singh; Respondent: Kartar Singh; Respondent: Jamail Singh; Petitioner: Ms. Jaspreet Gogia
Jurisdiction
India
Judgment Date
11 February 2002
Procedural Posture
Special Leave Petition (civil) / Final Determination
Outcome
Petition dismissed
Legal Topics
Priority of Registered Documents, Effect of Registration, Commencement of Operation of Deeds
Property Law Registration Law Civil Procedure Priority of Registered Documents Effect of Registration Commencement of Operation of Deeds

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Parties

Gurbax Singh

Petitioner

Kartar Singh

Respondent

Jamail Singh

Respondent

Ms. Jaspreet Gogia

Petitioner

Procedural Posture

Special Leave Petition (civil) / Final Determination

Legal Issues

  1. 1 Whether Ex. P-2 or Ex. D-1 prevails given execution times and registration dates
  2. 2 Effect of Section 47, Registration Act, 1908 on priority of documents executed same day

Ratio Decidendi

Where two sale deeds are executed on the same day, the deed executed earlier (Ex. P-2) prevails over the one executed later, irrespective of the time of their registration, in accordance with Section 47 of the Registration Act, 1908.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed