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TMI Blog1974 (9) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... The short facts necessary for decision on this case are these : By an agreement dated 25th April, 1961 various disputes and matters in difference between the parties were referred to the sole arbitration of Mr. B. K. Daphtary. The arbitrator made his award on 25th April, 1962. It is not necessary to refer to the various stages the matter went through except 'that the case came to be finally heard by the Delhi High Court. Before that Court by an application filed under section 151 C.P.C. a question was allowed to be raised that as "the award directs partition of immovable property and the value of this immovable property is more than one lakh it therefore requires registration under s. 17 (1) (b) of the, Registration Act and the same is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hare in the cost of the land at Najafgarh Road, Delhi being plot No. 71/5 of the Industrial Area Scheme of the Delhi Improvement Trust admeasuring about 7246.67 square yards and the factory and other buildings and compound wall constructed thereon and occupied by Delhi Floorings Private Ltd. that the said Tehmi Pheroze Sidhwa, Almitra Pheroze Sidhwa and Mani Rustom Sidhwa are between them entitled to a one fourth share or interest in the said land and buildings and in the rents and profits thereof; that as between themselves the shards or interest of the said Tehmi Pheroze Sidhwa, Almitra Pheroze Sidhwa and Mani Rustom Sidhwa are as follows Tehmi Pheroze Sidhwa 3/32 share whole Almitra Pheroze Sidhwa 3/32 share }In the hole Mani Rustom Sidh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble such documents as, may be necessary for transferring the, said property and the lease from the, Delhi Improvement Trust (subject to the existing tenancy of Delhi Floorings Private Ltd.) to the joint names of themselves and the said Tehmi Pheroze Sidhwa, Almitra Pheroze Sidhwa and Mani Rustom Sidhwa as tenants incommon in the following shares:-- Shib Banerjee and Sons Private Ltd. 24/32 share. Tehmi Pheroze Sidhwa. 3/32 share. Almitra Pheroze Sidhwa 3/32 share. Mani Rustom Sidhwa 2/32 share. The out of pocket expenses of such documents (including amount payable for fee or costs to the Delhi Improvement Trust, Stamp Duty, registration charges and expenses for plans) shall be borne by the aforesaid parties in proportion to their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... velly, as early as possible; that until then this shall itself be inforce." The Privy Council observed: "Exhibit AY is not a document by itself creating, assigning, limiting, or extinguishing, any right or interest in imovable property; it merely creates a right to obtain another document which will, when executed, create a right in the person claiming the relief, and on that ground their Lordships think exhibit AY did not require registration, and accordingly is admissible in evidence, so far as it goes." In Sheonarain Lal v. Rameshwari Devi(C. A. No. 296 of 1960 decided on 6th December 1952) a Bench of five Judges of this Court had to deal with a document the fifth clause of which read : "Shri Sheo Narain Lal and hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf would have created in Prabhuchand a right to these properties. That is not, however, the provision in the award. In the, absence of a registered document, Prabhu Chand would get no title on the award and Sheonarain's title would remain in the shop. It is clear therefore that the award does not itself create or extinguish any right, title or interest in the immovable properties. It may be said that it creates a right to obtain another document which will, when executed, create or extinguish such right in immovable properties and so is a document falling within cl. 5 of s. 17 (2) of the Registration Act. The award therefore does not require registration in law. We find it unnecessary to consider the further question which the High court ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Harit(1). The relevant clause read as follows : "The factory and all assets and properties of New Bengal Engineering Works are exclusively allotted to Dr. Rattan Lal Sharma, who is absolutely entitled to the same. He will pay all liabilities of the factory." This Court observed : "It expressly makes an exclusive allotment of the partnership assets including the factory and liabilities to the appellant. It goes further and makes him "absolutely entitled to the same...... So in express words it purports to create rights in immovable property worth above ₹ 100.00 in favour of the appellant. It would accordingly require registration under s. 17, Registration Act. The Full Bench decision of the Andhra Pradesh High ..... X X X X Extracts X X X X X X X X Extracts X X X X
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