K. Ramaswamy, J. - (1.) Leave granted.
(2.) While the appellant was in Govt. service, Kartar Lal (first defendant in the suit), his brother had purchased on April 7, 1959 the house bearing Municipal No. 313, with land admeasuring 222 sq. yards in Karol Bagh from the Ministry of Rehabilitation. On January 22, 1963 the sale certificate was issued in favour of Kartar Lal. Finding it exclusively in the name of Kartar Lal, the appellant raised a dispute which was referred to named private arbitrators for resolution. The two arbitrators by their award dated October 16, 1963 declared that: "We award that Shri Sardar Singh is the owner of half house bearing Municipal 313, Ward No. XVI situate at Gali No. 10, Faiz Road, Karol Bagh, New Delhi, from the date of purchase of the said house, i.e. from 7-4-1959 as he paid Rs. 18,100/- to Shri Kartar Lal in the shape of claim bonds valued at Rupees 11,560.00 and Rs. 6,540.00 in cash towards the purchase price of the said house and Shri Kartar Lal paid half of the price of the said house in the shape of claim bond and cash. The price of the said house was contributed half and half by both of them. Though, the sale deed was taken by Shri Kartar Lal in his name benami but actually Shri Kartar Lal and Shri Sardar Singh, are the owners of the said house in equal share from the date of its purchases, i.e. from 7-4-1959 and Shri Sardar Singh, is also entitled to half the amount of rent of the said house from the date of its purchase after deducting property taxes paid by Shri Kartar Lal." On an application made under S, 14 of the Arbitration Act, 1940 by the appellant, the arbitrators produced the award in Suit No. 299/63 in the Court of the Judge, First Class, Delhi which was made rule of the court under S. 17 thereof by decree dated December 28, 1963. The appellant laid proceedings before the Rent Controller for eviction of their tenants for personal occupation on the ground that he being a Government servant was entitled to possession under special procedure prescribed under that Act and accordingly had possession. Kartar Lal entered into a contract of sale of the entire property with Joginder Nath, husband of the first respondent on January 15, 1973 for Rupees 90,000/- and had received part consideration. The time to execute the sale deed was extended from time to time up to December 31, 1979 by which date Joginder Nath died and the first respondent had entered into fresh contract with Kartar Lal and laid the suit in O.S. No. 2/83 against Kartar Lal. The appellant, becoming aware of the contract of sale and pending suit, got himself impleaded in that suit as second defendant. The trial court by decree dated May 5, 1986 decreed the suit. On appeal the High Court of Delhi in R.F.A. No. 206 of 1986 by judgment and decree dated November 21, 1990 confirmed the decree.
(3.) The courts below found that the appellant's title is founded upon the award to acquire title to or to divest the title or Kartar Lal; it is compulsorily registrable under S. 17 of the Registration Act, 1908 and being an unregistered award the same was inadmissible in evidence as source of title under S. 49 thereof. The appellant's claim as owner of the half share in the property was thus negatived. The question, therefore, is whether the award, on the facts and in the circumstances, is compulsorily registrable under S. 17 of the Registration Act which reads thus: "17. Documents of which registration is compulsory:- (1) The following documents shall be registered, if the property to which they relate is situated in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864 or the Indian Registration Act, 1866 (20 of 1866) or the Indian Registration Act, 1877 (3 of 1877) or this Act came or comes into force, namely: (a) ********** (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immoveable property." ;