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1986 Supreme(Pat) 326

NAGENDRA PRASAD SINGH, S.S.SANDHAWALIA
Jamuna Prasad – Appellant
Versus
Bhuneshwar – Respondent


Judgment

N.P.SINGH, J.

1. Whether a document compulsorily registered takes effect from the date of execution or from the date of presentation for registration is the substantial question of law raised in this second appeal.

2. Defendant No. 1 is the appellant in this second appeal. The suit in question had been filed by the plaintiff-respondent for declaration of his title and recovery of possession over 10 dhurs of land of holding No. 99 situate at Mohalla Saraiyaganj in the town of Muzaffarpur. According to the plaintiff, the holding aforesaid has an area of 1 katha and originally belonged to Sitaram Sah (defendant No. 5). On 31-12- 1951, Sitaram Sah executed a sale deed in favour of one Jamuna Sah, husband of Most. Sundri Devi (defendant No. 6) in respect of 10 dhurs of land of the aforesaid holding. On 9-11-1959, Jamuna Sah executed a sale deed in respect of aforesaid 10 dhurs of land in favour of Ram Bilash Ojha (defendant No. 2). Before the sale deed could be presented for registration, Jamuna Sah executed another sale-deed on 11-11-1959 in respect of the same 10 dhurs of land in favour of Jamuna Prasad (defendant No. 1), the appellant. On 7-3-1960, Ram Bilash Ojha presented t















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