RATAN LAL SHARMA versus PURSHOTTAM HARIT

RATAN LAL SHARMA versus PURSHOTTAM HARIT

Because the award expressly allots partnership assets including immovable property to the appellant and makes him 'absolutely entitled' to them in consideration of monetary payment, it purports to create rights in immovable property worth above Rs. 100 and thus requires registration under Section 17 of the Registration Act. As the award was unregistered, the court could not pronounce judgment in accordance with it nor enforce any part of it.

Parties
Appellant: Ratan Lal Sharma; Respondent: Purshottam Harit
Jurisdiction
India
Judgment Date
11 January 1974
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave Following Dismissal by Calcutta High Court Single Judge and Division Bench
Outcome
Appeal and special leave petition dismissed.
Legal Topics
Requirement of Registration of Arbitration Awards Affecting Immovable Property, Court's Inability to Enforce Unregistered Awards, Partnership Property Assignment
Arbitration Property Law Requirement of Registration of Arbitration Awards Affecting Immovable Property Court's Inability to Enforce Unregistered Awards Partnership Property Assignment

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Parties

Ratan Lal Sharma

Appellant

Purshottam Harit

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave Following Dismissal by Calcutta High Court Single Judge and Division Bench

Legal Issues

  1. 1 Whether arbitration award allotting partnership assets including immovable property worth over Rs. 100 requires registration under Section 17 of the Registration Act, 1908
  2. 2 Whether court can pronounce judgment in terms of an unregistered award creating rights in immovable property
  3. 3 Whether the award assigned the share in the partnership or created rights in immovable property

Ratio Decidendi

Because the award expressly allots partnership assets including immovable property to the appellant and makes him 'absolutely entitled' to them in consideration of monetary payment, it purports to create rights in immovable property worth above Rs. 100 and thus requires registration under Section 17 of the Registration Act. As the award was unregistered, the court could not pronounce judgment in accordance with it nor enforce any part of it.

Court Disposition

Appeal and special leave petition dismissed.

Orders

  • Appeal and petition dismissed; respondent to get costs in the appeal.