MATTAPALLI CHELAMAYYA Vs. MATTAPALLI VENKATARATNAM

JUDGEMENT

(1.) This is an appeal by special leave by the defendants arising out of the judgment of the High Court of Andhra Pradesh in A. S. 212 of 1962 from the decision of the Subordinate Judge, Kakinada, in Original Suit No. 15 of 1956.

(2.) The plaintiffs who are the respondents before this Court applied under Section 14 of the Arbitration Act for the filing of an award dated 10-11-1955 and for a decree in terms of that award. The application was registered as a suit being O.S. No.15 of 1956. The defendants filed their written statements contesting the suit and also applied by I. A. Nos. 597 and 598 of 1956 for setting aside the award under Section 30 and 33 of the Arbitration Act. Several contentions were raised by the defendants - one of them being that the award being unstamped and unregistered was inadmissible in evidence and hence a decree in terms of the award could not be passed.

(3.) The learned Subordinate Judge after framing a number of issues considered only the question with regard to the admissibility of the document. In his view the award dated 10-11-1955 embodied a partition of immovable properties worth more than Rupees 100/- and was, therefore, compulsorily registrable under Section 17 of the Indian Registration Act. Being compulsorily registrable the award could not be admitted in evidence for the purpose of passing a decree. He also held that the award was not duly stamped and for that reason also it was inadmissible in evidence. Accordingly, he dismissed the suit.