THAKUR KISHAN SINGH DEAD Vs. ARVIND KUMAR

JUDGEMENT

(1.) In this defendant's appeal directed against the judgment and order of the High Court of Madhya Pradesh, the question that arises for consideration is if the High Court committed any error of law in upholding the order of the Appellate Court decreeing the suit of the plaintiff-respondent on finding that the defendant-appellant had not acquired any rights by adverse possession.

(2.) The suit was filed for possession in respect of an area of approximately 0.56 acres of Khasra No. 526 located at Khurai Tehsil, District Sagar. It was claimed that the land in dispute was leased to the plaintiff by the lamberdar and the deed executed on 5th December, 1949 which was registered on 3rd April, 1950. It was alleged that the appellant was an agent of the respondent who was permitted to set up a brick Kiln in the area in dispute in the year 1960-61. The appellant, however, who had a house in the adjoining Khasra No. 527 trespassed initially on 0.14 acres and made further encroachments on 0.42 acres. The claim was contested by the appellant and it was claimed that the deed having been registered on 3rd April, 1950, it was void under Section 6 of the Madhya Pradesh Abolition of Proprietary Rights Act, 1950 (in brief Rs. the Act') as the land had vested in the State on 31st March, 1950. In alternative, the plea of adverse possession was raised. The trial Court did not find any merit in the claim of the appellant and held that even though the lease deed was registered after 30th March, 1950 but it having been executed on 5th December, 1949, it would be deemed to have been registered on 5th December, 1949 and, therefore, the provisions of Section 6 of the Act did not stand in the way of the respondent acquiring the title in land in dispute. But the suit was dismissed on the finding that the appellant had acquired rights by adverse possession. In appeal the order was set aside and the suit was decreed. The appellate Court affirmed the finding on title. And set aside the finding on adverse possession. The High Court did not interfere in second appeal.

(3.) The findings recorded by the High Court and the trial Court have been assailed by Shri Sen, the learned Senior Counsel appearing for the appellant, and it is claimed that the lease deed having been registered after the material date, it could not confer any title on the respondent as the right title-in-interest of the respondent's predecessor already stood vested in the State prior to registration of the lease deed. The argument does not appear to be sound. Section 47 of the Registration Act provides that a registered document shall operate from the time it would have commenced to operate if no registration thereof had been required or made and not from the time of its registration. It is well established that a document so long it is not registered is not valid yet once it is registered it takes effect from the date of its execution. [See Ram Saran Lall v. Mst. Domini Kuer, AIR 1961 SC 1747 (1749) and Nanda Ballabh Gururani v. Smt. Maqbool Begum, 1980 UJ (SC) 597]. Since, admittedly, the lease deed was executed on 5th December, 1949, the plaintiff after registration of it on 3rd April, 1950 became owner by operation of law on the date when the deed was executed. Therefore, the land did not vest in the State. And the courts below not commit any error in negativing the claim of appellant.