RAJESH CHANDRA SOOD Vs. UMESH CHANDRA SOOD

JUDGEMENT

(1.) . This petition is filed by the petitioner under Section 20 of the Arbitration Act of 1940 praying for referring the disputes arising between the parties to the sole arbitrator, in terms of the family arrangement dated 2-1-1982. It is stated that a family arrangement was arrived at on 2.1.1982 amongst the petitioner, the respondent and their mother Smt. Lilawati Sood, since deceased. The aforesaid family arrangement is placed on record and proved as an exhibit being Ex.PW/1. The said family arrangement contained a clause to the following effect :-

(2.) . It is contended in the petition that disputes have arisen between the parties in respect of the said family arrangement in respect of the issues specifically mentioned in paragraph 5 of the petition which are to the following effect:-

(3.) . The petition is contested by the respondents contending, inter alia, that the aforesaid family arrangement cannot be considered as the said document is a document of title and the said deed require registration as it seeks to create rights in favour of the parties in respect of the properties mentioned in the said deed and in absence of such registration the said document cannot be looked into by this court. It was also pleaded that the said alleged family settlement was superseded by subsequent oral family settlement and, therefore, no reliance could be placed on the contents of the said deed which even, otherwise, cannot be considered in absence of registration as required under Section 17 of the Registration Act. It was also contended that the petitioner should have filed a suit for possession.