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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 ..... laimed a declaration of ownership over the land measuring 71 kanals 8 marlas ("suit property") based on the sale deed executed on 6th June 1975 and registered on 23rd July 1975. The first defendant, Kanwar Raj Singh (predecessor of the present appellants), executed the sale deed. Subsequently, the first defendant executed a gift deed regarding a 2/3rd share in respect of the same property in favour of the eighth defendant - Smt. Ravinder Kaur. The eighth defendant is the first defendant's wife. According to the case of the original plaintiff - Smt. Gejo, before registration of the sale deed, an interpolation was made in the sale deed by the first defendant by adding that only 1/3rd share measuring 23 kanals and 8 marlas was being sold. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rst defendant and not the entire property. He submitted that the entry of the name of the original plaintiff in the revenue records as the owner of the whole area would not confer any title as what is relevant is the description of the property in the registered sale deed. The learned counsel relied upon a decision of the Constitution Bench in the case of Ram Saran Lall v. Domini Kuer AIR 1961 SC 1747 and submitted that in view of the said decision, the sale would be completed when the sale deed was registered and, therefore, the description of the property recorded in the registered sale deed will prevail. The respondents are not represented. CONSIDERATION OF SUBMISSIONS 4. We have perused the judgments of the Trial Court, District Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can operate from a date before the date of its registration. The date of the operation will depend on the nature of the transaction. If, in a given case, a sale deed is executed and the entire agreed consideration is paid on or before execution of the sale deed, after it is registered, it will operate from the date of its execution. The reason is that if its registration was not required, it would have operated from the date of its execution. 7. Now, we come to the decision of the Constitution Bench in the case of Ram Saran Lall (Supra). In paragraph 8 of the judgment, the Constitution Bench held thus: "8. We do not think that the learned Attorney-General's contention is well founded. We will assume that the learned Attorney-General ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed) 8. The Constitution Bench held that Section 47 of the Registration Act does not deal with the issue when the sale is complete. The Constitution Bench held that Section 47 applies to a document only after it has been registered, and it has nothing to do with the completion of the sale when the instrument is one of sale. It was also held that once a document is registered, it will operate from an earlier date, as provided in Section 47 of the Registration Act. 9. Section 54 of the Transfer of Property Act, 1984 (the Transfer of Property Act) reads thus: "54. "Sale" defined.-"Sale" is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Sale how made.-Such transfer, in the case of tangible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olation made about the description/area of the property sold. The first defendant admittedly made the said interpolation after it was executed but before it was registered. In terms of Section 47 of the Registration Act, a registered sale deed where entire consideration is paid would operate from the date of its execution. Thus, the sale deed as originally executed will operate. The corrections unilaterally made by the first defendant after the execution of the sale deed without the knowledge and consent of the purchaser will have to be ignored. Only if such changes would have been made with the consent of the original plaintiff, the same could relate back to the date of the execution. It is not even the first defendant's case that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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