An award creating or extinguishing the title of the parties and having a value of more than Rs. 100/- is compulsorily registrable, and an unregistered award is inadmissible in evidence and cannot be acted upon.

D. P. MOHAPATRA, J.

( 1 ) THIS civil revision petition is directed against the appellate order of the Additional District Judge, Puri, reversing the decision of the trial court and refusing to make the award passed by the Arbitrators a rule of the court.

( 2 ) THE facts stated in a nutshell are : The lands forming the subject-matter of the suit belong to two brothers, Markanda Naik and Murali Naik. Markand died leaving his daughter Narakhari Dei and Murali died leaving his two sons Laxmidhar Naik and Fakir Naik, the opposite parties 1 and 2. According to the petitioners both the brothers Markand and Murali were separated from each other and owned and possessed their lands separately. Markand Naik sold to the petitioner Ac. 1. 45 decimals of land by a registered sale deed dt. 1-10-1936 for Rs. 100/- and since then the petitioner became the owner in possession of the same. After death of Markanda his daughter Narakhari sold to opposite parties 5 and 6 (defendants 4 and 6) Ac 0. 05 decimals by registered Kabala dt. 12-8-1957 for Rs. 1300/- and since then the purchasers became the owner in possession of the same. On the same day, i. e. , on 12-8-1957 the said Narakhari sold Ac 0. 01 decimal of homestead land to Judhistir Naik (opposite party 11), Duryodhan Naik (opposite party, 12) and Dibyasingh Naik, the predecessor-in-interest of opposite parties 7 to 10 for Rs. 200/- Subsequently to the aforesaid purchase opposite parties 1 and 2, sons of late Murali Naik filed T. S. No. 188/62 claiming the properties purchased under the two sale deeds could not be sold by Markand and his daughter, Narakhari, as the properties belong to the joint family consisting of Markanda and Murali. The litigation continued up to this Court. After disposal of the second appeal by the Court when the matter was pending at the stage of leave to file appeal against the decision of the second appeal (A. H. O.), an agreement was executed by all the parties, i. e. , the petitioner, the opposite parties 1, 2 and 5 to 12 or their predecessors-in-interest whereby three persons, namely, Baidhar, Pradhan (O. P. 3), Hadibandhu Jena (O. P. No. 4) and Nimai Charan Swain (since dead) to act as arbitrators to decide the following disputes :- (a) If the properties purchased by defendant 3 (petitioner) from Markanda would go to him or to defendants 1 and 2 (opposite parties 1 and 2) or if the same would be divided between them, how much each party would get or in the alternative, the amount to be received by each party in case no land is given to any party. (b) If the properties purchased by defendants 4 to 6 (opposite parties 4 and 5) and defendants 7 to 9 (opposite parties 7 to 12) would go to them or if the same would be divided between them and defendants 1 and 2, how much each party could get or in the alternative, the amount to be received by each party in case no land is given. (c) If the parties would get the cost of litigation disposed of or pending between them.

( 3 ) IN pursuance of the aforesaid arbitration agreement the arbitrators took up adjudication of the disputes, recorded the statements of defendants 1, 2, 3 and 7 (Ext. 4) and in the sitting held on 27-7-1972 passed an award on plain paper (Ext. 6) giving their signatures thereto. Thereafter the arbitrators issued notices to the parties by registered post about the signing of the award. After receipt of the said notice defendants 1 and 2 (opposite parties 1 and 2) filed objection expressing their disinclination to abide by the award. On the other hand, one of the defendants requested the arbitrators to get the award registered after engrossing it on requisite stamp paper. He volunteered to pay the cost of registration. He further requested the arbitrators to file the award in court to make the same a rule of the court. Accordingly, the terms of the plain paper award (Ext. 6) were engrossed on requisite stamp paper and it was registered on 8-12-1972. The registered award is Ext. 10 in the case. It is per