THAKUR KISHAN SINGH (DEAD) versus ARVIND KUMAR

THAKUR KISHAN SINGH (DEAD) versus ARVIND KUMAR

The registration of a lease deed, executed prior to the vesting of property in the State and subsequently registered, takes effect from the date of execution under Section 47 of the Registration Act; therefore, the respondent acquired title before the property vested in the State. Agricultural leases are excluded from Transfer of Property Act, and mere permissive possession cannot be converted into adverse possession without proof of hostile animus. Re-appreciation of evidence is not permissible in Article 136 proceedings.

Parties
Appellant: Thakur Kishan Singh (Dead); Respondent: Arvind Kumar
Jurisdiction
India
Judgment Date
07 September 1994
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Lease Registration, Vesting of Property, Adverse Possession, Exclusion of Agricultural Leases From Transfer of Property Act, Article 136 Review
Property Law Civil Procedure Constitutional Law Lease Registration Vesting of Property Adverse Possession Exclusion of Agricultural Leases From Transfer of Property Act Article 136 Review

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Parties

Thakur Kishan Singh (Dead)

Appellant

Arvind Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether registration of lease deed subsequent to vesting of property in the State invalidates the lease
  2. 2 Whether agricultural leases are governed by Transfer of Property Act
  3. 3 Whether permissive possession converts into adverse possession

Ratio Decidendi

The registration of a lease deed, executed prior to the vesting of property in the State and subsequently registered, takes effect from the date of execution under Section 47 of the Registration Act; therefore, the respondent acquired title before the property vested in the State. Agricultural leases are excluded from Transfer of Property Act, and mere permissive possession cannot be converted into adverse possession without proof of hostile animus. Re-appreciation of evidence is not permissible in Article 136 proceedings.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs