SARDARSINGH Vs. KRISHNA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) While the appellant was in Govt. service, Kartar Lal (first defendant in the suit), his brother had purchased on April 7, 1959 the house bearing Municipal No. 313, with land admeasuring 222 sq. yards in Karol Bagh from the Ministry of Rehabilitation. On January 22, 1963 the sale certificate was issued in favour of Kartar Lal. Finding it exclusively in the name of Kartar Lal, the appellant raised a dispute which was referred to named private arbitrators for resolution. The two arbitrators by their award dated October 16, 1963 declared that:

(3.) The courts below found that the appellant's title is founded upon the award to acquire title to or to divest the title or Kartar Lal; it is compulsorily registrable under S. 17 of the Registration Act, 1908 and being an unregistered award the same was inadmissible in evidence as source of title under S. 49 thereof. The appellant's claim as owner of the half share in the property was thus negatived. The question, therefore, is whether the award, on the facts and in the circumstances, is compulsorily registrable under S. 17 of the Registration Act which reads thus: