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february 2002

Supreme Court of India · 2002-02-11

GURBAX SINGH vs KARTAR SINGH .

Citation / case number
SC 2002/1769
Court
Supreme Court of India
Petitioner
GURBAX SINGH
Respondent
KARTAR SINGH .
Bench
SYED SHAH MOHAMMED QUADRI & BISHESHWAR PRASAD SINGH

Judgment text excerpt

The Supreme Court upheld the High Court's decision confirming that Ex. P-2, executed earlier than Ex. D-1, prevails under Section 47 of the Registration Act, 1908, which states that the priority of documents is determined by their execution time, not registration time. The Court found no illegality in the High Court's order, thus dismissing the Special Leave Petition under Article 136 of the Constitution of India. The ruling reinforces the principle that earlier executed documents take precedence over later ones, irrespective of registration dates.

GURBAX SINGH vs KARTAR SINGH . · Niyam