Priority of sale deeds turns on time of execution, not registration, under Section 47 of the Registration Act.

Section 47 of the Registration Act, 1908 gives a registered document effect from the time of its execution, not from the time of registration. Where two sale deeds are executed on the same day, priority is determined by the time of execution, so the deed executed earlier prevails over the later deed even if registration occurs in a different sequence. The Court accepted the concurrent finding that the earlier deed was executed first and therefore had priority, and the challenge to the High Court's order failed.

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Issues: Whether, where two sale deeds are executed on the same day, priority is determined by the time of execution and not by the time of registration, so that the earlier executed deed prevails.

Analysis: Section 47 of the Registration Act, 1908 gives a registered document effect from the time of its execution and not from the time of registration. When two documents are executed on the same day, the decisive factor is the time of execution. The deed executed earlier in point of time prevails over the later deed, irrespective of the sequence of registration. The concurrent findings that the earlier deed was executed first and therefore had priority were found to be free from illegality.

Conclusion: The earlier sale deed prevailed over the later sale deed, and the challenge to the High Court's order failed.

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