NEWASKAR J.

( 1. ) The only point raised in this second appeal which arises out of an execution proceedings is whether a decree passed on an award creating charge upon an immovable property is a nullity in case the award is not registered in accordance with the provisions of the Registration Act.

( 2. ) The question arose when the decree-holders in such a case sought to execute the decree based on the unregistered award and got the house of the judgment-debtor sold in execution and purchased it themselves. The judgment- debtor objected to the sale on the ground that the decree was a nullity as the award had not been registered. The executing Court overruled that contention and confirmed the auction sale. The judgment-debtor thereupon appealed to the learned Additional District Judge, Dhar, before whom two Division Bench decisions of the Nagpur High Court reported in Lakhmichand v. Biharilal(T943 NLJ 154=AIR 1943 Nag. 165=ILR 1943 Nag. 293) and Uttamchand Motilalji v. Wasudeo Deorao(1946 NLJ 317=AIR 1946 Nag. 311=ILR 1946 Nag. 583), were cited, considered that the latter of the two decisions ought to prevail, followed that decision and held that the decree was a nullity and