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.