Section 47 of the Registration Act, 1908 applies to transfers of different properties or against third parties, such as the State, and a registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made and not from the time of its registration.

( 1 ) THIS is an appeal from a decree of reversal. The plaintiff respondent's case is that he acquired by purchase from the recorded owners the suit lands in raiyati sthitiban interest measuring 11. 97 acres by a registered kobala dated April 9, 1956 which was registered on Aug. 8, 1956. The suit lands did not vest in the State as the total area was less than the ceiling prescribed under the West Bengal Estates Acquisition Act, 1953. He could not be present to have his name recorded in the record of rights at the time of survey, as the suit lands were far away from his home and as a result the names of his vendors were recorded therein in respect of the suit lands, who did not, as obviously they could not, retain the lands, The State of West Bengal treated the lands as vested and threatened to issue rent receipts to the plaintiff's bhagchasis of the said lands. The plaintiff thereupon instituted the suit praying for confirmation of his possession on declaration of his title and for injunction restraining the State from interfering with his possession.

( 2 ) THE State contested the suit by filing a written statement. It was stated that the plaintiff's purchase deed was a collusive, sham and paper transaction made for the purpose of illegal retention of lands. In any event the lands not having been retained by the owners had vested in the State which was thus entitled to take possession thereof under Section 10 (2 ). It was further stated that at the time of vesting the plaintiff acquired no title to the lands by his kobala, and he had no cause of action in the suit.

( 3 ) ON a trial on evidence; the learned Munsif held that as the deed was not registered at the time of vesting but on a subsequent date, the plaintiff did not acquire any title when the lands vested in the State, The suit was accordingly dismissed.

( 4 ) ON appeal the appellate court held that though the registration took place after vesting, it took effect from the date of execution. So that the plaintiff had acquired his vendors' interest with effect from the date of execution of his kobala and accordingly there was no question or occasion for vesting the lands in the State. The appeal was accordingly allowed and the plaintiffs suit was decreed. This appeal is by the State against this decision.

( 5 ) MR. Banerjee appearing for the State referred to Section 54 of the T. P. Act, 1882 which provides that in the case of a tangible immoveable property of the value of one hundred rupees or upwards, the transfer can only be made by a registered instrument. No transfer of such land is effective without registration and it was accordingly contended that as the date of vesting of raiyati interest (April 14, 1956) the deed of sale was not admittedly registered or even presented for registration, no title in suit lands passed to the plaintiff on the material date. As a corollary, it was obvious that the plaintiff had no locus standi to institute the suit in absence of his acquisition of title to the suit lands. It was further contended relying on authorities that Section 47 of the Registration Act, 1908 applies only in cases where there is a competition between two or more documents. In considering which document should prevail over the other document or documents, the effective date will be the date of execution and not the date of registration of such documents. The section hag no application when there is statutory vesting of interests of intermediaries or raiyats by operation of law and an unregistered document will be completely ineffective against vesting while the State was not claiming through the vendor.

( 6 ) MR. Samanta on the other hand contended that the provisions of Section 47 of the Registration Act are wholly applicable to all transactions as are thereby affected and it can be said to apply only in case of a conflict between two or more documents.

( 7 ) BOTH parties relied on various authorities which will be presently considere