TMI Blog1980 (4) TMI 310X X X X Extracts X X X X X X X X Extracts X X X X ..... family and she needed additional accomodation. Both the cases were consolidated and the prescribed authority held that the land-lady bonafide required the premises for her own use and her need was genuine and greater hardship would be caused to her if her application for release of accomodation was rejected. Consistent with these findings the application for release of accomodation was granted in favour of the landlady. After an unsuccessful appeal by the tenant, he moved the High Court under Article 227 of the Constitution. Before the High Court it was contended that the land lady had purchased the house of which possession was sought, on November 11, 1974, and she commenced the action for release of accomodation within three years of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the beneficial effect of the proviso. The substantial question of law convassed before the Court at the time of granting leave was whether the proviso enacts a prohibitation restraining the Court from entertaining an application for release on the ground of personal requirement for a period of 3 years from the date of purchase of the accommodation of which release is rought or it merely inhibits the Court from making an order of eviction within three years? As the Court was of the opinion that the substantial question of law needs authorative pronouncement from this Court because it was likely to affect a large number of persons, special leave was granted on May 15. 1979. 3. After the grant of leave the respondent landlady appeared and m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It clearly shows that the sale deed was executed on July 27, 1974, and it was offered for registration and admitted for registration on July 28, 1974. This becomes evident from the endorsement of the Sub-Registrar on the sale deed itself. The confusion that the deed was registered on November 11, 1974, stems from the fact that the book in which all documents registered by the Sub-Registrar are transcribed as permanent record showed that the present sale deed was transcribed into the book on November 11, 1974. However, in view of the provision I contained in Section 47 of the Indian Registration Act, it clearly transpires that once j the deed is registered, it would operate from the time from which it would have commenced ro operate if no r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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