1994 (9) TMI 355

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.... 2.The suit was filed for possession in respect of an area of approximately 0.56 acres of Khasra No. 526 located in Khurai Tehsil, District Sagar. It was claimed that the land in dispute was leased to the plaintiff by the lambardar and the deed executed on 5-12-1949 which was registered on 3-4-1950. 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 acre and made further encroachments on 0.42 acre. The claim was contested by the appellant and it was claimed that the deed having been registered on 3-4- 1950, it was void under Section 6 of the Ma....

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....o 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: (1962) 2 SCR 474 and Nanda Ballabh Gururani v. Smt Maqbool Begum(1980) 3 SCC 346: 1980 UJ (SC) 597 Since, admittedly, the lease deed was executed on 5-12-1949, the plaintiff after registration of it on 3-4-1950 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 did not commit any error in negativing the claim of appellant. 4.It is then urged that the ....