- (1.) This appeal raises the question of interpretation of Section 47 of the Indian Registration Act which is in these words: 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.
(2.) One Manmatha Nath Bhakta, father of Defendants Nos. 9 to 12 in the suit out of which this appeal has arisen, held the lands in suit in occupancy raiyati right. A kabala was executed by Defendants Nos. 9 to 12 of their right in the land on May 13, 1938 but thereafter they refused to register the kobala upon which the Plaintiff who is the Appellant before us brought a suit under Section 77 of the Indian Registration Act. That suit was decreed on September 8, 1939 and the actual registration took place on October 8, 1942. In the meantime, Defendants Nos. 1 to 5, who are the landlords, had brought a suit for arrears of rent against Defendants Nos. 9 to 12 and the suit was decreed ex parte on September 23, 1937. In execution of that decree the holding was put up to sale on November 17, 1939 and purchased by the landlords.
(3.) Thus, before the date of sale in the rent execution case the Plaintiff's suit under Section 77 of the Indian Registration Act had been decreed but the kobala had not been registered.;