The court clarified that a registered document operates from its execution date, and delays in registration due to court orders do not invalidate the document.

JUDGMENT

Anil Kshetarpal, J.

The Regular Second Appeal in the States of Punjab and Haryana and Union Territory, Chandigarh is governed by Section 41 of the Punjab Courts Act, 1918 and not by section 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs v. Chandrika and Others (2016) 6 SCC 157.

2. This is the plaintiff's regular second appeal against the judgment and decree passed by the First Appellate Court, which, in turn, has reversed the judgment passed by the Trial Court.

3. In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed. Sh. Husan Lal, who died on 05.02.1975, was the owner of an industrial plot No. 365. He left behind his widow, namely Smt. Shanti Devi, who inherited his property. Dass Mal, Om Parkash and Smt. Vidya Devi, who claimed themselves to be the brothers and sister of late Sh.Husan Lal, filed a suit for declaration asserting that Smt. Shanti Devi is now his widow, who was otherwise residing with him as a friend. The aforesaid suit was dismissed on 23.08.1976 on the basis of statement given by Om Parkash. Smt. Shanti Devi agreed to sell plot No.365 in favour of the plaintiff for Rs. 1,20,000/- vide agreement to sell dated 20.11.1978 upon receipt of Rs. 5,000/- as earnest money. On 05.02.1979. she received an additional amount of Rs. 35,000/- and delivered the possession of the property in part performance of the agreement to sell. In the month of February, 1979, Om Parkash filed a suit for the grant of permanent injunction restraining Smt. Shanti Devi from alienating the suit property. During penency of the aforesaid suit, on 02.05.1979 Smt. Shanti Devi had executed a sale deed in favour of the appellant. The vendor and vendee went to get the sale deed registered in the office of the Sub Registrar on 02.06.1979, but its execution was refused with an endorsement that there is an interim order of stay got passed by Om Parkash restraining Smt. Shanti Devi from alienating the property. Om Parkash filed yet another suit on 18.08.1980 for grant of decree of declaration against Smt. Shanti Devi that he has become owner of the property. On the basis of family settlement, the said suit was decreed on 21.08.1980 as Smt. Shanti Devi filed an admitted written statement. Thereafter, Om Parkash filed another suit for grant of declaration and permanent injunction on 20.09.1980 along with an application under Order XXXI Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"). In this suit, the appellant (the plaintiff) was also impleaded as a party. An interim application for grant of interim injunction was dismissed on 24.09.1980 against which the appeal was also dismissed on 22.01.1981. Om Parkash filed an application before the First Appellate Court for grant of time to file revision petition before the High Court which was allowed and the interim stay order was extended upto 30.01.1981 in the first instance. The interim stay order was further extended upto 07.02.1981 in the second instance. However, the sale deed was registered in favour of the plaintiff on 02.02.1981.

4. The plaintiff was entitled to get possession of some part of the property. Hence, he filed a suit for possession which was contested by defendant No.1, 3 and 4. Smt. Shanti Devi did not contest the aforesaid suit. The Trial Court dismissed the suit vide judgment and decree dated 16.12.1987. However, the same was set aside by the First Appellate Court on 20.09.1989. It has been disclosed by the learned counsel representing the parties that the First Appellate Court has reversed the judgment and decree passed by the Trial Court on the following two grounds:-

i) The sale deed dated 02.05.1979 was registered on 02.02.1981 which is beyond the period of eight months, the maximum period prescribed for registration of the sale deed under Section 23 of the Indian Registration Act, 1908 (hereina