Full Judgment Text
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CASE NO.:
Special Leave Petition (civil) 1969 of 2002
PETITIONER:
GURBAX SINGH
RESPONDENT:
KARTAR SINGH AND ORS.
DATE OF JUDGMENT: 11/02/2002
BENCH:
SYED SHAH MOHAMMED QUADRI & BISHESHWAR PRASAD SINGH
JUDGMENT:
JUDGMENT
2002 (1) SCR 940
The following Order of the Court was delivered : Heard the learned counsel
for the petitioner.
Jarnail Singh, respondent No. 2 executed two documents of sale (Exs. P-2
and D-l) on November 25, 1991. Having regard to the findings of the Courts
below that Ex. P-2 was executed earlier than Ex.D.I-land having noted Ex.
P-2 in favour of the first respondent was executed at 10.00 a.m. and it was
not shown when Ex. D-l was executed in favour of the petitioner, the High
Court, vide its order dated October 25, 2001, in RSA No. 4050 of 1999
confirmed the concurrent finding of the courts below holding that Ex. P-2
prevails over Ex. D-l and thus dismissed the second appeal. It is against
the said order that this Special Leave Petition is filed.
In view of the provisions of Section 47 of the Registration Act, 1908 it is
well-settled that a document on subsequent registration will take effect
from the time when it was executed and not from the time of its
registration. Where two documents are executed on the same day, the time of
their execution would determine the priority irrespective of the time of
their registration. The one which is executed earlier in time will prevail
over the other executed subsequently. In view of the concurrent findings,
referred to above, the High Court has rightly held that Ex. P-2 prevails
over Ex. D-l . We find no illegality in the order of the High Court
warranting our interference under Article 136 of the Constitution of India.
Accordingly, the Special Leave Petition is dismissed.