Bindeshri and anr. Vs. Babu Somnath Bhadry and ors.

Bindeshri and anr. vs Babu Somnath Bhadry and ors.

Type Court Judgment Court Allahabad Decided Mar 13, 1916

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Citation: sooperkanoon.com/464565
Court: Allahabad
Judge: Piggott and ;Walsh, JJ.
Decided On: Mar 13, 1916
Subject: Property

Case Summary

AI-generated summary - not the official court judgment text.

Registration Act (XVI of 1908), Section 47 - Operation of registered deed, date of. -

Key legal issue: Property

Parties & Advocates

Appellant / Petitioner

Bindeshri and anr.

Respondent

Babu Somnath Bhadry and ors.

Legal References

Reported In: AIR1916All199; 35Ind.Cas.347

Excerpt

registration act (xvi of 1908), section 47 - operation of registered deed, date of. - 1. we think the learned district judge has overlooked the effect of section 47 of the indian registration act (act xvi of 1908). we think that, when registration of this deed was completed, it' operated from the date of the execution, namely, the 20th of january 1909. a right to sue accrued to the plaintiff from the date of the sale, and he was beyond time when he filed his suit on the 20th of january 1915, we allow this appeal, set aside the order of the lower appellate court and restore the decree of the first court dismissing the plaintiff's claim as barred by limitation. the defendants-appellants in this court will get their costs in all the three courts.

Full Judgment

1. We think the learned District Judge has overlooked the effect of Section 47 of the Indian Registration Act (Act XVI of 1908). We think that, when registration of this deed was completed, it' operated from the date of the execution, namely, the 20th of January 1909. A right to sue accrued to the plaintiff from the date of the sale, and he was beyond time when he filed his suit on the 20th of January 1915, We allow this appeal, set aside the order of the lower Appellate Court and restore the decree of the first Court dismissing the plaintiff's claim as barred by limitation. The defendants-appellants in this Court will get their costs in all the three Courts.

Same Parties Bindeshri and anr. vs Babu Somnath Bhadry and ors. Same Subject Property Same Judge Piggott and ;Walsh, JJ.

Property