https://www.lawweb.in/2012/04/registered-deed-shall-have-priority.html
Registered Deed shall have priority over unregistered deed
Section 50 of the Registration Act contemplates a conflict between two bona fide transactions relating to the same property, and not a case where a subsequent purchaser or mortgagee having notice that there is a buna fide and valid encumbrance on the property seeks to make use of the Registration Act to avoid it, thus making an enactment intended to prevent fraud an instrument of fraud.
1. The question referred to the Full Bench is whether when it is proved that a subsequent incumbrancer under a registered conveyance had notice of a valid prior unregistered incumbrance and of possession by such incumbrancer or of such conveyance without possession, the courts are bound to interpret Section 50 of the present Registration Act so as to defeat the title of the prior incumbrancer.
2. The first attempt to compel the registration of deeds &c, in India was by Regulation XVII of 1802, a regulation for establishing a Registry for Wills and Deeds for the transfer or mortgage of real property and it was enacted by Section 6, Clause 3, that, "it being the object, however, of the rules in the two preceding clauses, to prevent persons being defrauded by purchasing or receiving in gift, or taking in mortgage, real property which may have been before sold, given, or mortgaged, subsequent to the period fixed for
the operation of this regulation ; and as persons can never
Madras High Court
Simanapalli Krishnamma vs Rongali Suranna And Ors. on 29 September, 1892
Equivalent citations: (1893) 3 MLJ 54
JUDGMENT1. The question referred to the Full Bench is whether when it is proved that a subsequent incumbrancer under a registered conveyance had notice of a valid prior unregistered incumbrance and of possession by such incumbrancer or of such conveyance without possession, the courts are bound to interpret Section 50 of the present Registration Act so as to defeat the title of the prior incumbrancer.
2. The first attempt to compel the registration of deeds &c, in India was by Regulation XVII of 1802, a regulation for establishing a Registry for Wills and Deeds for the transfer or mortgage of real property and it was enacted by Section 6, Clause 3, that, "it being the object, however, of the rules in the two preceding clauses, to prevent persons being defrauded by purchasing or receiving in gift, or taking in mortgage, real property which may have been before sold, given, or mortgaged, subsequent to the period fixed for
the operation of this regulation ; and as persons can never
