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COTTON TRADING CORPORATION OF PAKISTAN LTD. versus SHEIKH SULTAN TRUST, KARACHI


Section 49, Section 107, read with the Transfer of Property Act (IV of 1 882), the lease agreement containing the arbitration clause, the non-registration document, even if a lease deed, required registration but is registered No, if held, it can be entered into evidence of collateral purpose. To find out if the parties are willing to hand over the dispute to arbitration [evidence]

1981 C L C 623

Before Saeed‑uz‑Zaman Siddiqui, J

[Karachi]

COTTON TRADING CORPORATION OF PAKISTAN LTD.‑---Petitioner

versus

SHEIKH SULTAN TRUST, KARACHI---‑Respondents

J. Miscellaneous Nos. 32 and 37 of 1979, decided on 21st September 1980.

(a) Registration Act (XVI of 1908)----‑

‑‑‑ S. 49 read with S. 107, Transfer of Property Act (IV of 1.882)‑Agree ment of lease containing arbitration clause ‑Non‑registration‑Document even if a lease deed, requiring compulsory registration, but not registered, held, can be admitted in evidence for collateral purpose of finding out if parties agreed to refer dispute to arbitration.‑[Evidence].

Rahman Cotton Factory v. Nichimen & Co. Ltd. P L D 1976 S C 781 and Moosa v. M. Yakoob and others P L D 1976 Kar. 376 ref.

(b) Stamp Act (II of 1899)‑----

‑‑ S. 35‑Agreement of lease containing arbitration clause‑Admis sibility‑Arbitration agreement like any other agreement, held, required to be made on five‑rupee stamp paper but not inadmissible in evidence on account of being insufficiently stamped.‑[Evidence].

Habibur Rahman for Applicant.

Mansoor Ahmad Khan for the Opponent.

Date of hearing : 7th September 1980.

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