Supreme Court of India · 1961-04-27
RAM SARAN LALL AND OTHERS vs MST. DOMINI KUER AND OTHERS.
- Citation / case number
- SC 1959/206
- Court
- Supreme Court of India
- Petitioner
- RAM SARAN LALL AND OTHERS
- Respondent
- MST. DOMINI KUER AND OTHERS.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),SARKAR, A.K.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that under Section 61 of the Indian Registration Act, 1908, a sale is completed only upon the registration of the deed, which occurred on February 9, 1946, not on the date of execution. The appellant's talab-i-mowasibat made on February 2, 1946, was deemed premature, leading to the dismissal of the preemption suit. The Court clarified that Section 47 allows a registered document to operate from an earlier date but does not determine when the sale is complete.