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november 1990

Supreme Court of India · 1990-11-07

HAMDA AMMAL vs AVADIAPPA PATHAR AND 3 OTHERS

Citation / case number
SC 1984/68292
Court
Supreme Court of India
Petitioner
HAMDA AMMAL
Respondent
AVADIAPPA PATHAR AND 3 OTHERS
Author
T.K. THOMMEN
Bench
T.K. THOMMEN

Judgment text excerpt

The Supreme Court held that a sale deed executed prior to the registration but after the attachment of the property does not obstruct the execution of a decree, as per Section 47 of the Registration Act. The Court clarified that the vendee's rights relate back to the date of execution of the sale deed, thus protecting her interests under Order 38 Rule 10 of the CPC. The appeal was allowed, reversing the High Court's decision and affirming the trial court's decree in favor of the appellant.

HAMDA AMMAL vs AVADIAPPA PATHAR AND 3 OTHERS · Niyam