Supreme Court of India · 1965-02-26
NAWAB USMANALI KHAN vs SAGARMAL
- Citation / case number
- SC 1963/257
- Court
- Supreme Court of India
- Petitioner
- NAWAB USMANALI KHAN
- Respondent
- SAGARMAL
- Bench
- BACHAWAT, R.S.
Judgment text excerpt
The Supreme Court held that the award made by the arbitrator did not require registration under Section 17 of the Registration Act, 1908, as it did not create any interest in immovable property. The Court ruled that proceedings under Section 14 read with Section 17 of the Arbitration Act, 1940, do not constitute a suit and thus are not subject to the consent requirement of Section 86(1) and Section 87B of the Code of Civil Procedure, 1908. Furthermore, the amounts payable to the appellant as privy purse were deemed a political pension under Section 60(1)(g) of the Code, and therefore not liable to attachment or sale in execution of a decree.