2010 AIR SCW 6555 ::2011 AIR CC 39 (SC) ::(2011) 112 RevDec 184 ::(2010) 2 CLR 1071 (SC) ::(2011) 1 WLC(SC)CVL 35 ::(2011) 1 All RentCas 187 ::2010 (13) SCC 128 ::(2010) 4 RecCivR 853 ::(2010) 10 Scale 617 ::(2010) 83 All LR 716 ::(2011) 1 All WC 756 ::(2011) 1 Guj LR 601 ::(2011) 1 ICC 266 ::(2011) 1 Mad LW 402 ::(2011) 1 Mad LJ 723 ::(2010) 4 Ker LT 359 ::AIR 2010 SC (Supp) 78 ::(2010) 96 AllIndCas 214 (SC)

Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): P. Sathasivam, B. S. Chauhan , JJ

(A) Registration Act (16 of 1908) , S.47— Registration of sale deed - Fiction created by S. 47 viz. that registration of sale deed relates back to date of execution - Does not come into play before actual registration of document takes place. In spite of the fact that the registration of the sale deed would relate back to the date of execution, the sale cannot be termed as complete until its registration and it becomes effective only once it stands registered. Thus, the fiction created by Sec. 47 does not come into play before the actual registration of the document takes place.(Para 11) (B) Transfer of Property Act (4 of 1882) , S.52— Lis pendens - Registration of sale deed subsequent to filing of suit - Doctrine of lis pendens, applies - Subsequent purchasers cannot claim benefit of provisions of S. 19(b) of Specific Relief Act. RSA. No. 1545 of 1979, D/-9-10-2001 and 9-9-2002 (PandH), Reversed. Specific Relief Act (47 of 1963) , S.19(b)— (Para 13) (C) Specific Relief Act (47 of 1963) , S.19(b)— 'Notice' - Subsequent sale deed of suit land - Clearly disclosing that suit land had been mortgaged to prior purchaser appellant and that it was in his possession ....