SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

EBERT SILVA v. WIJESEKERE


Ebert Silva V. Wijesekere

1946 Present: Howard C. J

EBERT SILVA, Appellant, and WIJESEKERE, Respondent.

81-C. R. Panadure 9,499.

Registration of Documents-Competition between deeds of transfer executed by a person during his life time and, after his death, by his heirs- Same source-Decree ?affecting land?-Decree in 247 action relating to immovable property-Is a registrable instrument-Registration of Documents Ordinance (Cap. 101), ss 7, 8, (b).

P conveyed his share in a land to plaintiff. After P?s death his intestate heirs conveyed the same property to defendant. The deed in favour of plaintiff was not registered in the correct folio, whereas the conveyance by the heirs of P to the defendant was property registered.
   
Held
, that the two conveyances proceeded from the same source and that the deed in favour of plaintiff was void as against the subsequent deed in favour of defendant by reason of prior registration.
   
Held, further
, that a decree which the plaintiff had obtained as against P?s heirs in an action brought by him under section 247 of the Civil Procedure Code was a registrable instrument within the meaning of section 8 (b) of the Registratio



































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top