TARLOCHAN SINGH SARAN Vs. MAHINDERPAL SINGH BINDRA

JUDGEMENT

(1.) Mr. Tarlochan Singh Sarna, the sole arbitrator, had filed an application under Section 14 of the Arbitration Act. Alongwith the same he submitted the award dated September 5. 1988. and the proceedings recorded by him.

(2.) The parties had entered into an arbitration agreement wherein it was recited' tha't house No. 10/57, Punjabi Bagh. New Delhi, was owned by Snil. Mohinder Kaur Bindra. the mother of the parties, who died on July 13. 1985. and thus the said house had devolved in equal shares on all the parties and as there had arisen some disputes between the parties with regard to the mode of partition of the said house, the parties agreed to nominate, Mr. Tarlochan Singh Sarna as sole arbitrator to settle the disputes arising between the parties with regard to the partition of the said property. The sole arbirator has given the award to the following effect :

(3.) The short question which arises for consideration is whether the award itself being a nun-testamentary instrument purports or operates to create, declare, assigns, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in inmovable property and covered by Sec. 17(1)(b) of the Registration Act ? There is no dispute about the legal proposition enunciated by the learned counsel for the parties based on different judgments that the whole of the award has to be read in order to see whether the award by itself creates or declares the rights in the immovable properties of the nature indicated above.