| Citation(s) |
|---|
| 1953 SLG 95 1953 SLD 95 1953 PLD 61 |
Lahore High Court
Execution Second Appeal No. 347 of 1951, decided on 15th December, 1952 from the order of Khan Inayat Ullah Khan, District Judge Sialkot, dated the 25th June, 1951, affirming that of Gul Muhammad Qureshi, Civil Judge, 1st Class, Shakargarh, District Sial
M. R. KAYANI, J
Mian Inayat Ullah for Appellant. S. A. Karim for
Respondent No. 2.
Execution Second Appeal No. 347 of 1951, decided on 15th December, 1952 from the order of Khan Inayat Ullah Khan, District Judge Sialkot, dated the 25th June, 1951, affirming that of Gul Muhammad Qureshi, Civil Judge, 1st Class, Shakargarh, District Sial
M. R. KAYANI, J
Mian Inayat Ullah for Appellant. S. A. Karim for
Respondent No. 2.
NAZIR AHMAD,
VS
ANJUMAN IMDAD BAHMI, ISATIMAL ARAZI of MAUZA MIRPur and another(Judgmentdebtors), s
Law:
Section:
Punjab Consolidation of Holdings Act (IV of 1936),Ss. 1 (2), 17---Award under Co-operative Societies Act (II of 1912)---Not compulsorily registrable. In connection with a scheme of consolidation of holdings one of the parties submitted an application for arbitration which was referred by the Assistant Registrar of Co-operative Societies to an arbitrator who gave his award. The award was sought to be executed in Civil Court, whereupon objection was taken that as the award, which created an interest in immovable property of more than Rs. 100 in value, was compulsorily registerable and being riot registered, it could not be acted upon. Held, that as the award recorded a transfer involved in carrying out a scheme of consolidation of holdings, it did not require registration by virtue of section 17 of the Act. JUDGMENT KAYANI, J.--Nazeer Ahmad and Ibrahim are members of the Mirpur Co-operative Society for the consolidation of holdings. In a proceeding between them, the managing committee of the Society decided that Nazeer Ahmad should have Khasra No. 230 and Ibrahim Khasra No. 52. Upon Ibrahim's objection, the general meaning of the Society gave Khasra No. 230 to Ibrahim and No. 52 to Nazeer Ahmad. Thereupon Nazeer Ahmad submitted an application for arbitration which was referred by the Assistant Registrar of Co-operative Societies to Chaudhry Muhammad Hussain who gave an award in favour of Nazeer Ahmad. An appeal from the arbitrator's decision was dismissed by the Assistant Registrar. Nazeer Ahmad then applied to the Civil Court for execution of the award. It was objected that as the award created interest in property exceeding Rs. 103 in value, it should be registered. The objection was upheld by the executing Court and also by the Court of Appeal. Nazeer Ahmad has, therefore, come in second appeal. It is true that an award is compulsorily registerable under the Registration Act but learned counsel for the appellant has relied on section 17 of the Punjab Consolidation of Holdings Act, 1936, which is as follows:- "17. Notwithstanding anything contained in any law for the time being in force, (a) no instrument in writing shall be necessary in order to give…
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