Without obtaining sale deed appellant rushed to direct respondents to index award in encumbrance certificate - award in question does not create or declare any right, title or interestof appellant on immovable property - S. 89 (2) of .RegistrationAct would be attracted only if there is certificate of sale

Citation

AIROnline 2021 Mad 676

MADRAS HIGH COURT

T. RAJA , J. and MS . P. T. ASHA , J.

W.A - 931 of 2012 D/- 16 - 4 - 2021

S.Mukanchand Bothra v. Inspector General of Registration Registration Department Santhome

High Road, Chennai and Ors.

Arbitration and Conciliation Act (26 of 1996), S.36 - Registration Act (16 of 1908), S.17(e),

S.89(2) - Civil P.C. (5 of 1908), O.21 R.32(1)(5) - Arbitral award - Execution of - Arbitral

award in favour of appellant directing respondent, to execute sale deed and deliver possession

of property to him - In view of this award appellant sent letter to respondent requesting him to

register and index particulars in award - Enforcement of this award has to be in terms of S. 36 (1)

- Means that award has to be executed as per provisions of O.21 R. 32 (1), (5) of CPC - Without

obtaining sale deed appellant rushed to direct respondents to index award in encumbrance

certificate - Plea that S. 89 (2) of has to be read along with S. 17 (e) of Registration Act cannot

be countenanced since award in question does not create or declare any right, title or interest

of appellant on immovable property - Writ court rightly held that S. 89 (2) of .Registration

Act would be attracted only if there is certificate of sale or sale deed in respect of immovable

property issued by Court under CPC and it is only this document that is capable of being filed /

entered in Book No.I maintained by Registering Authority.

 (Paras 14 , 15)