AIR 1961 SUPREME COURT 1747

Supreme Court Of India

(From Patna : AIR 1957 Pat 545)

Hon'ble Judge(s): B. P. Sinha, A. K. Sarkar, K. C. Das Gupta, N. Rajagopala Ayyangar, J. R. Mudholkar , JJJ

Transfer of Property Act (4 of 1882) , S.54— Muslim Law - Pre-emption - Talab- i -mowasibat - Must be made after completion of sale - Sale is complete when document to be registered is copied out in records of registration office as required by S. 61 of Registration Act. AIR 1926 All 549 : 95 Ind Cas 138, Overruled. Per Majority, K. C. Das Gupta and Rajagopala Ayyangar JJ. Contra :- One of the requisites before the right of pre-emption can be exercised is the preliminary demand by the pre-emptor and such demand must be made after the completion of the sale. The provisions of the transfer of Property act supersede the principles of the Mohammedan Law as to sale and it is to the statute that one should look to find out whether, and if so when, a sale is complete in order to give rise to a right of pre-emption. Under Section 54 of the Transfer of Property Act sale of tangible immovable property of the value of rupees 100/- and upwards, can be made only by a registered instrument. The registration under the Registration Act is not complete till the document to be registered has been copied out in the records of the Registration Office as provided in S. 61 of that Act. Section 47 of the Registration Act has nothing to do with the completion of the registration and therefore nothing to do with the completion of a sale when the instrument is one of s....