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Mahadeo Singh Vs. Mian DIn and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad
Decided On
Reported inAIR1938All431
AppellantMahadeo Singh
RespondentMian DIn and ors.
Excerpt:
- .....defendant 2, and that mian din, defendant 1, has not acquired any title to the house under his sale deed dated 20th december 1934, which was also xecuted by raj narain, defendant 2. the plaintiff's case was that his sale deed was executed by raj narain on 14th december 1934 for rs. 800 and it was registered on 26th january 1935 and he acquired a valid title under it. mian din, defendant 1, contended that his sale deed was executed by raj narain on 26th september 1934, and it being a prior sale deed, he became the owner of the house and the plaintiff's sale deed was ineffectual. the trial court found in favour of the plaintiff. on appeal the learned civil judge has found in favour of mian din and has held that his sale deed was prior. the plaintiff has come here in second appeal. it.....
Judgment:

Ganga Nath, J.

1. This is a plaintiffs appeal and arises out of a suit brought by him against the defendants-respondents for a declaration that the plaintiff is the owner of the house described in the plaint by virtue of the sale deed dated 14th December 1934, executed by Raj Narain, defendant 2, and that Mian Din, defendant 1, has not acquired any title to the house under his sale deed dated 20th December 1934, which was also xecuted by Raj Narain, defendant 2. The plaintiff's case was that his sale deed was executed by Raj Narain on 14th December 1934 for Rs. 800 and it was registered on 26th January 1935 and he acquired a valid title under it. Mian Din, defendant 1, contended that his sale deed was executed by Raj Narain on 26th September 1934, and it being a prior sale deed, he became the owner of the house and the plaintiff's sale deed was ineffectual. The trial Court found in favour of the plaintiff. On appeal the learned Civil Judge has found in favour of Mian Din and has held that his sale deed was prior. The plaintiff has come here in second appeal. It has been found by the lower Court that the sale deed which is in favour of Mian Din was executed by Raj Narain on 26th September 1934, but that he (Raj Narain) cut out his signature subsequently getting the deed fraudulently. He again signed it before the Sub-Registrar when it was presented for registration on 20th December 1934.

2. The question is, what is the effect of the former signature of Raj Narain having been cut out by him and his signing the deed subsequently. This matter depends on the question as to when the execution of a deed is complete, and whether after the execution the executant can go back on his execution. A sale deed is completed when it is executed by the vendor. The registration is no part of the execution, though it is necessary under law for making the deed valid. After executing the deed, it is not open to the executant to go back on his agreement and revoke it. The mere fact that the deed has not been registered does not affect the completion of the execution because even if the executant be not willing or agreeable to get the deed registered, the person in whose favour the deed has been executed has a right under the registration law to get the deed forcibly registered. Registration does not depend on the consent of the executant, but is the act of an officer appointed by law for the purpose who, if the deed has been executed, must register it if it is presented by a person having the necessary interest within the prescribed period. Neither death nor ex-press revocation by the executant is a ground for refusing registration, if the other conditions are complied with. In the case of a gift it is not open to the donor to revoke his gift or prevent the registration of the gift deed on the ground that the gift was not completed until the deed was registered. Their Lordships observed in Vemlat Subba Shrinivas v. Subha Rama (1928) 15 A.I.R P.C. 86.

On delivery of the deed of gift to the donee there was an acceptance of the transfer within the meaning of Section 122, T.P. Act, and thereupon the gift became effectual, subject to its registration as required by Section 123.

3. The same principle applies to the case of a sale deed. The execution of the sale deed was completed when the executant (Raj Narain) signed the deed. He could not subsequently revoke the agreement. The sale deed of respondent 1 having been executed long before that of the plaintiff is prior. Under Section 47, Registration Act, a registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of registration. The sale deed of Mian Din therefore operates from the date of its execution, that is, 26th September 1934. The plain-tiff's sale deed which was executed subsequently did not confer any title on him. There is no force in the appeal. It is therefore ordered that it be dismissed with costs.


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