Award referred to in the regn act,1908 in sec.17(1)(e)
S.Raman
(Querist) 10 November 2012
This query is : Resolved
Does the award referred to in section 17(1)(e) of the Registration Act, 1908, include the award of the LAO, under the L A Act, 1894 and the Arbitration award under the Arbitration Act, 1940?
ajay sethi
(Expert) 11 November 2012
academic query . state facts of your case
prabhakar singh
(Expert) 11 November 2012
Are there no facts to share with us.
R.K Nanda
(Expert) 11 November 2012
academic query.
S.Raman
(Querist) 11 November 2012
A friend of mine(vendee) bought a plot of 3 cents land in Chennai in 2000 through a regd. sale deed. The EC obtained from the SRO prior to such purchase showed Nil Encumbrances.The land was in possesion of the vendor at the time of such purchase.
Subsequent to the registration of the sale deed, the vendee obtained necessary mutations in his name in the revenue records (patta, sitta and adangal).
10 years later, i.e., in 2010, when he tried to sell the land, the same SRO refused to register any transactions on the land. The reason given by the SRO is that the TNHB has sent a letter in 2007 to the SRO to stop registering any transactions on that land along with many others as detailed in a list of survey numbers mentioning that all such lands belong to the TNHB by virtue of notification u/s 4(1) issued in 1990 and award passed in 1997 under the LA Act, 1894.
Even today the land is in the vendee's possession, but he is unable to sell it because of the refusal of the SRO. An EC obtained currently shows the vendee as the current owner and no encumbrance or act is mentioned in the EC.
That is the purpose of the query as to whether the award under LA is registrable or not under sec 17(1)(e) of the Regn Act, as is the case with the arbitration awards.
