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TMI Blog2024 (1) TMI 1333X X X X Extracts X X X X X X X X Extracts X X X X ..... om the date of its execution. Thus, the sale deed as originally executed will operate - It is not even the first defendant's case that the subsequent correction or interpolation was made before its registration with the consent of the original plaintiff. Therefore, in this case, what will operate is the sale deed as it existed when it was executed. There are no error in the view taken by the High Court - The decision of the first Appellate Court was contrary to Section 47 of the Registration Act. The High Court was justified in interfering with the decision of the first Appellate Court in a second appeal under Section 41 of the Punjab Courts Act. Appeal dismissed. - ABHAY S. OKA AND PANKAJ MITHAL, JJ. For the Appellant : Ms. Jaspreet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and eighth defendants preferred an appeal before the District Court. On 23rd August 1984, the Additional District Judge allowed the said appeal and held that the correction made in the sale deed was bona fide and was not fraudulently made. The plaintiff preferred a second appeal before the High Court. The plaintiff died during the pendency of the second appeal. Respondent nos. 1(i) 1(v) are the legal representatives of the original plaintiff. By the impugned judgment, the appeal was allowed, and the decree of the Trial Court was restored. SUBMISSIONS 3. Learned counsel appearing for the appellants submitted that as the price of the property subject matter of the sale deed was only Rs. 30,000/-, it is impossible that a vast area of 71 kanals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellate Court noted that the original first defendant's evidence was that the correction was made by him with his own pen in the sale deed before its registration. The appellants are the legal representatives of the first defendant. In this case, it is an admitted position that while executing the sale deed, the area of the land sold was shown as 71 kanals and 8 marlas and subsequently, the area was altered to 1/3 rd of the said area by the first defendant before the sale deed was registered. 5. The High Court, in the impugned judgment, has relied upon Section 47 of The Registration Act, 1908 (the Registration Act), which reads thus: 47. Time from which registered document operates . A registered document shall operate from the time fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earlier than the date when it was registered. The object of this section is to decide which of two or more registered instruments in respect of the same property is to have effect. The section applies to a document only after it has been registered. It has nothing to do with the completion of the registration and therefore nothing to do with the completion of a sale when the instrument is one of sale. A sale which is admittedly not completed until the registration of the instrument of sale is completed, cannot be said to have been completed earlier because by virtue of Section 47 the instrument by which it is effected, after it has been registered, commences to operate from an earlier date. Therefore we do not think that the sale in this ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operty. Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property. Contract for sale . A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself, create any interest in or charge on such property. 10. Every sale deed in respect of property worth more than Rs. 100/- is compulsorily registerable under Section 54 of the Transfer of Property Act. Thus, a sale deed executed by the vendor becomes an instrument of sale only after it is registered. The decision of the Constitution Bench only deals with the question of when the sale is complete; it does ..... X X X X Extracts X X X X X X X X Extracts X X X X
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