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september 1974

Supreme Court of India · 1974-09-03

THEMI P. SIDHWA & ORS. vs SHIB BANERJEE & SONS PVT. LTD. & ANR.

Citation / case number
SC 1968/60049
Court
Supreme Court of India
Petitioner
THEMI P. SIDHWA & ORS.
Respondent
SHIB BANERJEE & SONS PVT. LTD. & ANR.
Bench
ALAGIRISWAMI

Judgment text excerpt

The Supreme Court held that an arbitration award directing the partition of immovable property valued over one lakh requires registration under Section 17(1)(b) of the Indian Registration Act, 1908, to be admissible in evidence. The Court distinguished the nature of the rights created by the award, clarifying that it does not create rights in immovable property directly but rather a right to obtain a document that would confer such rights. Consequently, the Court overturned the Delhi High Court's ruling that the award was inadmissible due to lack of registration, allowing the enforcement of the award.

THEMI P. SIDHWA & ORS. vs SHIB BANERJEE & SONS PVT. LTD. & ANR. · Niyam