Law: Registration Act (X VI of 1908)

Section: 17(1) (c)

Law: Arbitration Act (X of 1940)

Section: 17

(a) Registration Act (XVI of 1908) S. 17(1) (c)-Registration-Award made rule of Court-Case not one of non-testamentary instrument transferring or assigning any decree or order of a Court or any award-Decree following award, held, not compulsorily registrable.--[Decree-Award]. (b) Registration Act (XVI of 1908) S. 17 [as amended by Registration (Amendment) Ordinance (XLV of 1962)] and Arbitration Act (X of 1940), S. 17-Award made rule of Court-Registration-Judgment and decree of a Court making an award rule of Court when award required registration but not registered-Not rendered a nullity-Objection to award, held, could not be taken to avoid it by very party to decree.-[Decree-Award]. Uttamchand Motilalji v. Wasudeo Deorao Digambar A I R 1946 Nag. 311 and Muhammad Yusuf v. Abdur Rashid and others P L D 1967 Kar. 508 ref. Date of hearing : 10th January, 1980.                                                                                                       ORDER SHAPI-UIt-REHMAN. J.-The petitioner seeks leave to appeal against the decision of the Lahore High Court dismissing his regular second appeal. 2. The facts necessary for the disposal of this petition are that the petitioner was admittedly the transferee of Kashmir Hotel in Rawalpindi. The Permanent Transfer Deed in respect of it had been issued in his favour. There arose a dispute between him and the respondent a private limited company. The respondent claimed that the beneficial interest in the property vested in it and the petitioner was only a Benamidar. The matter was re,'erred to arbitration without the intervention of the Court. The award was given by the sole arbitrator on 28-1-1971 holding that though the property had been purchased in the name of the petitioner it belonged to the respondent who was its exclusive owner. This award was made a rule of the Court on 2-12-1971 and the judgment and decree followed. Nevertheless, subsequently the…