1961 (4) TMI 103 - SC - Indian Laws

Summary

Issues Involved:
1. Applicability of Mohammedan law of preemption.
2. Timing of the completion of the sale.
3. Interpretation of Section 47 of the Registration Act.
4. Effect of the deed's stipulations and recitals on the completion of the sale.
5. Validity and timing of the talab-i-mowasibat demand.

Detailed Analysis:

1. Applicability of Mohammedan Law of Preemption:
The parties involved are Hindus, but it is undisputed that the Mohammedan law of preemption applies to them by custom. The appellants had a right of preemption, and the dispute centers on whether the first demand (talab-i-mowasibat) was made after the completion of the sale.

2. Timing of the Completion of the Sale:
The core issue is whether the sale was completed when the deed was executed on January 31, 1946, or when the registration was completed on February 9, 1946. According to Section 54 of the Transfer of Property Act, a sale of tangible immovable property worth Rs. 100 or more can only be made by a registered instrument. The High Court held that the sale was completed on February 9, 1946, when the registration was completed, and thus, the appellants' demand on February 2, 1946, was premature.

3. Interpretation of Section 47 of the Registration Act:
The appellants argued that under Section 47 of the Registration Act, a registered document operates from the time it would have commenced to operate if no registration had been required, implying the sale was complete on January 31, 1946. However, the court clarified that Section 47 does not determine when a sale is complete; it only decides the effective date of a registered document. The sale, therefore, could not be considered complete before the registration on February 9, 1946.

4. Effect of the Deed's Stipulations and Recitals on the Completion of the Sale:
The deed mentioned that the sale would become operative from the date of execution. However, the court ruled that despite these stipulations, the sale could not be deemed complete until the registration process was finalized. The appellants' reliance on past cases was found inapplicable as those cases did not deal with the right of preemption arising from a sale.

5. Validity and Timing of the Talab-i-Mowasibat Demand:
Given the court's interpretation that the sale was completed on February 9, 1946, the demand made by the appellants on February 2, 1946, was premature. The appellants, therefore, could not enforce their right of preemption as they did not make the preliminary demand after the completion of the sale.

Separate Judgments:
Majority Opinion:
The appeal was dismissed, and the appellants were ordered to pay the costs. The majority opinion held that the sale was not complete until the registration was finalized on February 9, 1946, and thus, the appellants' demand was premature.

Dissenting Opinion (Ayyangar, J.):
Justice Ayyangar disagreed with the majority, arguing that the sale should be considered complete from the date of execution (January 31, 1946), based on the deed's stipulations and Section 47 of the Registration Act. He believed the appellants' demand on February 2, 1946, was timely and valid. He would have allowed the appeal and decreed the suit in favor of the appellants.

Conclusion:
The Supreme Court, by majority opinion, dismissed the appeal, holding that the sale was completed on February 9, 1946, when the registration was finalized, rendering the appellants' demand on February 2, 1946, premature and invalid.