Supreme Court of India · 2014-01-08
Sadashiv Prasad Singh vs Harendar Singh & Ors
- Citation / case number
- AIR 2014 SUPREME COURT 1078
- Court
- Supreme Court of India
- Petitioner
- Sadashiv Prasad Singh
- Respondent
- Harendar Singh & Ors
- Author
- Jagdish Singh Khehar
- Bench
- Jagdish Singh Khehar, A.K. Patnaik
Judgment text excerpt
The Supreme Court addressed the dispute regarding the ownership of a property attached during recovery proceedings initiated by Allahabad Bank against M/s. Amar Timber Works. The Court held that the agreement of sale executed by Jagmohan Singh in favor of Harender Singh, although notarized, was not registered and thus could not defeat the Bank's claim under Section 53 of the Transfer of Property Act, 1882. The Court affirmed the validity of the auction sale to Sadashiv Prasad Singh, ruling that the Bank's rights were superior due to the non-registration of the sale agreement, leading to the dismissal of Harender Singh's objections.