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2018 Supreme(Del) 3119

RAJIV SHAKDHER
YOGESH KUMAR MALIK – Appellant
Versus
INDIAN OIL CORPORATION LIMITED – Respondent


Advocates Appeared:
For the Petitioner:Mr. Colin Gonsalves, Sr. Advocate with Mrs. Sija Nair Pal, Advocate.
For the Respondents:Ms. Mala Narayan and Ms. Neha Dawar, Mr. Vivekanand Mishra, Advocate with Mr. Kavindra Gill, Advocate.

JUDGMENT :

RAJIV SHAKDHER, J.

Prefactory Facts

1. This writ petition raises a very interesting question, which is, when does registration of a document take effect? The documents in issue in the instant case are two separate lease deeds of even date i.e., 9.10.2013. They were presented for registration before the concerned Sub Registrar on 10.10.2013, while the certificate of registration under Section 60 of the Registration Act, 1908 (in short “1908 Act”) was issued on 14.10.2013.

2. The petitioner, inter alia, places reliance on Section 75 (3) of the 1908 Act to contend that the registration of the aforementioned lease deeds would take effect when they were first duly presented for registration before the concerned Sub Registrar, i.e., on 10.10.2013 whereas the first respondent, i.e., Indian Oil Corporation Ltd. (in short “IOCL”) contends that since certificate of registration under Section 61 of the very same Act was issued on 14.10.2013, the registration stood completed only on that date.

3. The petitioner has also adverted to Section 47 of the 1908 Act to contend that the reg


























































































































































































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