Immoveable property --- ' Unregistered sale deed ' --- Circumstances in which unregistered sale deed could be given preference over...........

 PLD 2023 Supreme Court 506

Immoveable property --- ' Unregistered sale deed ' --- Circumstances in which unregistered sale deed could be given preference over registered deed --- In the present case the appellant / vendor , not only admitted the execution of the sale deed but also admitted the payment of sale consideration ; he also admitted that the possession of the suit property had also been delivered in consequence of the sale transaction --- Un registered sale deed could be given preference over the registered one when on the basis of un - registered sale deed possession of the property had also been given --- Where a person in favour of whom an un registered deed qua transfer of certain rights in property had been executed , also had possession of the property , he could legally protect his rights in the property and even a registered deed subsequent in time would not affect his / her rights --- First proviso to section 50 of the Registration Act , 1908 provided that such rights in the property could be protected under section 53 - A of the Transfer of Property Act , 1882 --- When pursuant to the un - registered sale deed , the respondents were put in possession of the suit land in the year 1971 , a vested right had been created in their favour , which could not be taken away merely on the basis of technicalities --- Suit for declaration and permanent injunction filed by the predecessor - in - interest of respondents was rightly decreed --