1933 (11) TMI 25 - HC - Indian Laws

Summary

Issues: Validity of sale deed, payment of consideration money, priority of registration, intention of parties, effect of Registration Act, possession under the deed, ante-dating of sale deed.

Analysis:

1. The case involved a dispute regarding a property initially mortgaged and later sold to different parties. The plaintiff claimed to have purchased the property through a sale deed, while the defendants contended that the sale fell through due to non-payment of consideration at the time of registration. Additionally, the defendants asserted that they had subsequently sold the property to another party. The lower court decreed in favor of the plaintiff, but the appellate court dismissed the suit based on the non-payment of consideration and the subsequent sale to the defendant.

2. The plaintiff argued that the Registration Act's Section 50 should prevail in their favor, asserting that their registered deed should take precedence over the defendant's registered deed. However, the court noted that the intention of the parties regarding the passing of title was crucial. Since the consideration money was not paid, and the vendor did not deliver the deed to the plaintiff, it was deemed that title did not pass at the time of registration, as per the intention of the parties.

3. The appellate court relied on Section 47 of the Registration Act, which states that a registered document operates from the time it would have commenced to operate if no registration was required. As the consideration for the defendant's sale deed was paid, and possession was taken, the court concluded that the title had effectively passed to the defendant from the date of execution of the deed, i.e., 20th April.

4. The plaintiff's argument that the defendant's sale deed was ante-dated was refuted by the appellate court, which accepted the defense's assertion that the deed was executed on the date the stamped paper was purchased. Consequently, the court dismissed the plaintiff's appeal, upholding the lower court's decision in favor of the defendants, and ordered costs to be paid by the appellant.