JAMUNA PRASAD Vs. BHUNESHWAR

JUDGEMENT

(1.) Whether a document compulsorily registered takes effect from the date of execution or from the date of presentation for registration is the substantial question of law raised in this second appeal.

(2.) Defendant No. 1 is the appellant in this second appeal. The suit in question had been filed by the plaintiff-respondent for declaration of his title and recovery of possession over 10 dhurs of land of holding No. 99 situate at Mohalla Saraiyaganj in the town of Muzaffarpur. According to the plaintiff, the holding aforesaid has an area of 1 katha and originally belonged to Sitaram Sah (defendant No. 5). On 31-12- 1951, Sitaram Sah executed a sale deed in favour of one Jamuna Sah, husband of Most. Sundri Devi (defendant No. 6) in respect of 10 dhurs of land of the aforesaid holding. On 9-11-1959, Jamuna Sah executed a sale deed in respect of aforesaid 10 dhurs of land in favour of Ram Bilash Ojha (defendant No. 2). Before the sale deed could be presented for registration, Jamuna Sah executed another sale-deed on 11-11-1959 in respect of the same 10 dhurs of land in favour of Jamuna Prasad (defendant No. 1), the appellant. On 7-3-1960, Ram Bilash Ojha presented the deed executed in his favour on 9-11-1959 by Jamuna Sah for compulsory registration. After following the procedure for compulsory registration the sale deed dated 9-11-1959 was registered. On 12-6-1962, Ram Bilash Ojha transferred the same 10 dhurs of land which is the subject matter of controversy in favour of the plaintiff through a registered sale deed.

(3.) According to the plaintiff, Jamuna Sah having executed a sale deed on 9-11-1959 in favour of Ram Bilash Ojha aforesaid, who, in his turn, transferred the land to the plaintiff, defendant-appellant did not acquire any title on the basis of the sale deed dated 11-11-1959 executed in his favour of the same Jamuna Sah.