Priority of Document Execution Over Registration Time Upheld by Supreme Court

The Supreme Court upheld the High Court's decision that a document executed earlier in time takes priority over a document executed later on the same day, regardless of registration time. The Court emphasized the importance of the time of execution over registration based on the principle that a document takes effect from its execution time. The decision was made in accordance with section 47 of the Registration Act, 1908, and the Supreme Court found no illegality warranting interference, leading to the dismissal of the special leave petition.

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Jarnail Singh executed two sale deeds (exhibits P-2 and D-1) on November 25, 1991. Lower courts found exhibit P-2 was executed earlier than D-1; the High Court, noting P-2 recorded time as 10:00 a.m. and D-1's execution time was not shown, affirmed that P-2 prevailed and dismissed the second appeal. Applying section 47, Registration Act, 1908, the court reiterated the settled principle: "a document on subsequent registration will take effect from the time when it was executed and not from the time of its registration." It further stated: "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." Given these concurrent findings on execution times, the High Court's conclusion that exhibit P-2 prevails over exhibit D-1 involves no legal error warranting interference under Article 136; the special leave petition was therefore dismissed.

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