SATISH KUMAR & ORS. versus SURINDER KUMAR & ORS.

SATISH KUMAR & ORS. versus SURINDER KUMAR & ORS.

An arbitration award dividing immovable property exceeding Rs. 100 is compulsorily registerable under s. 17(1)(b) of the Indian Registration Act, 1908. An unregistered award cannot be admitted in evidence to affect immovable property, but is not a waste paper; it has legal effect, subject to registration requirements.

Parties
Appellant: Satish Kumar; Respondent: Surinder Kumar
Jurisdiction
India
Judgment Date
27 September 1968
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Punjab High Court Civil Revision Dismissal
Outcome
Appeal dismissed with costs.
Legal Topics
Registration of Awards, Partition of Immovable Property, Effect of Unregistered Arbitration Awards
Arbitration Property Law Registration of Awards Partition of Immovable Property Effect of Unregistered Arbitration Awards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Satish Kumar

Appellant

Surinder Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Punjab High Court Civil Revision Dismissal

Legal Issues

  1. 1 Whether an award affecting partition of immovable property exceeding Rs. 100 requires compulsory registration under s. 17(1)(b) of the Indian Registration Act
  2. 2 Legal effect of unregistered arbitration awards
  3. 3 Whether rights created by an unregistered award can be enforced

Ratio Decidendi

An arbitration award dividing immovable property exceeding Rs. 100 is compulsorily registerable under s. 17(1)(b) of the Indian Registration Act, 1908. An unregistered award cannot be admitted in evidence to affect immovable property, but is not a waste paper; it has legal effect, subject to registration requirements.

Court Disposition

Appeal dismissed with costs.

Orders

  • Award requires registration under s. 17(1)(b) of the Registration Act.
  • Parties to pay their respective costs.