Judgement

ALAGIRISWAMI, J. :- The question for decision is whether the award made by the arbitrator in this case is inadmissible in evidence and therefore no decree can be passed on the basis of that award as held by the Delhi High Court. The short facts necessary for decision on this case are these :

2. 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 beard by the Delhi High Court. Before that Court by an application filed under Section 151. Civil 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 Section 17 (1) (b) of the Registration Act and the same is not admissible in evidence and cannot be enforced or confer any rights. The learned single Judge of the High Court who heard the matter held that the award, not having been registered as required by Section