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Issues: (i) whether title in immovable property passed to the vendees from the date of execution of the sale deed or only from the date of its registration under the Registration Act; (ii) whether the absence of a separate issue on the alleged will caused prejudice to the appellants.
Issue (i): whether title in immovable property passed to the vendees from the date of execution of the sale deed or only from the date of its registration under the Registration Act.
Analysis: Registration of a sale deed is complete when the document is copied in the records of the Registration Office under Section 61 of the Registration Act. Section 47 of the Registration Act, however, provides that a registered document operates from the time it would have commenced to operate if registration had not been required. Accordingly, once the document is duly registered, it takes effect from the date of execution, and the title passes from that date, even though the act of registration is completed later. The authorities relied upon by the appellants were held to deal with completion of sale for the purpose of pre-emption and not with the passing of title.
Conclusion: Title passed from the date of execution once the sale deed was registered later, and the finding against the appellants was upheld.
Issue (ii): whether the absence of a separate issue on the alleged will caused prejudice to the appellants.
Analysis: The will was dealt with in the trial on the existing issues, evidence was led on that aspect, and the parties understood their respective positions. The omission to frame a distinct issue did not result in any prejudice.
Conclusion: No prejudice was caused to the appellants by the non-framing of a separate issue on the will.
Final Conclusion: The appeal failed on the only substantial controversy and the decree in favour of the respondents was sustained.
Ratio Decidendi: Under Section 47 of the Registration Act, a registered sale deed operates from the date of execution for the purpose of transfer of title, once registration is completed.
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