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january 2014

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.

Sadashiv Prasad Singh vs Harendar Singh & Ors · Niyam