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of <h1>Privy Council affirms High Court's jurisdiction to order award filing as decree. No registration needed under Registration Act.</h1> <h3>Upendra Nath Bose Versus Lall and Ors.</h3> The Privy Council dismissed the appeal, affirming the High Court's jurisdiction to order the filing of the award as a decree. It held that the award did ... - Issues:Jurisdiction of the Court to order filing of award; Interpretation of the award under Section 17(1)(b) and Section 49 of the Registration Act; Res judicata on the construction of the award.Jurisdiction of the Court to order filing of award:The case involved an appeal from a High Court decree ordering the filing of an award as a decree of the Court. The appellant argued that the Court lacked jurisdiction to file the award, as the village in question was outside the local limits of the Court's jurisdiction. The issue of jurisdiction was central to the appeal, as it determined whether the award could be made a rule of Court and a decree passed based on the award.Interpretation of the award under Section 17(1)(b) and Section 49 of the Registration Act:The appellant contended that the award, which dealt with the transfer of property, needed to be registered under Section 17(1)(b) of the Registration Act, as it purported to create, declare, or assign a right in immovable property. However, the Privy Council held that the award did not create a new interest but merely preserved the existing contractual interest until a specified event occurred. As such, the award did not require registration under the Act.Res judicata on the construction of the award:The appellant argued that even if the award did not create a new interest, it should be considered as such between the parties due to the previous decision on jurisdiction. The Allahabad High Court's decision on jurisdiction was based on the interpretation that the heirs had a legal title to the property until certain sums were paid. However, the Privy Council clarified that the issue of jurisdiction did not make the construction of the award res judicata between the parties, as the focus was on the Court's lack of jurisdiction, not the interpretation of the award itself.In conclusion, the Privy Council dismissed the appeal, holding that the Court had jurisdiction to order the filing of the award, the interpretation did not require registration under the Registration Act, and the construction of the award was not res judicata between the parties. The appellant was directed to pay the costs of the appeal.
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