V. B. RAJU, J. ( 1 ) THIS civil revision raises an important question as to whether the award of an arbitrator without the intervention of the Court creating a charge on immoveable property worth more than Rs. 100/requires to be registered before it is filed under section 14 of the Arbitration Act 1940 which will hereinafter be referred to as the Act and followed by a judgment and decree as provided in section 17 of that Act. The award was for the payment of Rs. 8 0 and it also provided that a charge should be kept on immoveable property worth more than Rs. 100. 00. The learned Judge therefore held that the award required registration and refused to accept such an award for the purpose of passing a decree in terms of it. ( 2 ) HE therefore rejected the prayer of the arbitrator who filed the award to pass a decree in terms of it. In revision it is contended that this view is erroneous in view of the decision in Seonarain Lal v. Prabhu Chand A. I. R. 1958 Patna 252 which is a judgment of a Division Bench of Patna High Court consisting of three Judges Under sec. 17 (1) (b) of the Registration Act certain non -testamentary instruments are required to be registered. The question for determination therefore is whether an award is non-testamentary instrument of the type mentioned in sec. 17 (1) (b) of the Registration Act which reads as under :-OTHER non-testamentary instruments which purport or operate to create declare assign limit or extinguish whether in present or in future any right title or interest whether vested or contingent of the value of one hundred rupees and upwards to or in immoveable property. ( 3 ) IT is contended that under the Indian Arbitration Act 1940 an award as such does not create declare assign limit or extinguish any right title or interest because the award has got to be followed by a judgment and decree as provided by sec. 17 and unless it is followed by a judgment and decree it cannot be enforced in a Court of law. The proposition that the award as such cannot be enforced in a Court of law unless it is followed by a judgment and decree is provided in sec. 17 of the Act. 17 and unless it is followed by a judgment and decree it cannot be enforced in a Court of law. The proposition that the award as such cannot be enforced in a Court of law unless it is followed by a judgment and decree is provided in sec. 17 of the Act. Section 32 of the Act provides as follows :-NOTWITHSTANDING any law for the time being in force no suit shall lie on any ground whatsoever for a decision upon the existence effect or validity of an arbitration agreement or award nor shall any arbitration agreement or award be set aside amended modified or in any way affected otherwise than as provided in this Act. ( 4 ) THE learned Judges of the Patna High Court held that the award by itself is of no effect and that therefore an award does not purport or operate to create any right title or interest in the property dealt with by it and they therefore observed that an award even though it be in respect of immoveable property worth in hundred rupees and upwards does not require registration. They also observed that looked from another point of view namely that an award is only effective when a decree follow the judgment upon the award such an award may be covered by the exception mentioned in sec. 17 (2) (vi) (any decree or order of a Court) of the Registration Act. The exception mentioned in sec. 17 (2) (vi) of the Registration Act is as follows :-AN decree or order of a Court except a decree or order expressed to be made on a compromise and comprising immoveable property other than that which is the subject matter of the suit or proceeding. ( 5 ) BUT an award is not a decree or order of the Court although it may be followed by a decree or order of the Court and with respect the exception contended in section 17 (2) (vi) of the Registration Act would not apply to an award under the Act. ( 6 ) NO doubt as observed by the learned Judges of the Patna High Court an award under the Act has to be followed by a judgment and decree and unless it is so followed it cannot be enforced in a Court of law. ( 6 ) NO doubt as observed by the learned Judges of the Patna High Court an award under the Act has to be followed by a judgment and decree and unless it is so followed it cannot be enforced in a Court of law. But that does not mean that the award by itself is of no effect. Section 3 of the Act provides as follows :-AN arbitration agreement unless a different intention is expressed therein shall be deemed to include the provisions set out in the First Schedule in so far as they are applicable to the reference. ( 7 ) CLAUSE 7 of the First Schedule to the Arbitration Act provides that the award shall be final and binding on the parties and persons claiming under them respectively. In view of these two provisions an award becomes binding on the parties to the arbitration agreement and on the persons claiming under them and if the award provides that a charge is kept on the immoveable property worth more than Rs. 100/it becomes final and binding on the parties to the arbitration agreement and on the persons claiming under them. If the parties to the arbitration agreement accept the award and do not deem it necessary to go to a Court of law they can enter into subsequent transactions relying on the charge created by the parties to the arbitration agreement. The subsequent document can be enforced in a Court of law although the award on which it is based is not enforceable in the Court of law. In Dewaram v. Harinarain I. L. R. 26 Patna 437 at p. 441 it is observed as follows :-THE matter may be looked at from another point of view. Supposing the parties to an award are satisfied with it and enter into possession of the property respectively awarded to them and the value is over Rs. 100/and no dispute arises between them they are not bound to go to Court under the provisions of the Arbitration Act. They are satisfied with the award and they do not want any Court to pronounce a decree in accordance with the award. Has title to the property passed to the parties without the award being registered so that such a party can transfer the title to a third party by sale gift or otherwise ? They are satisfied with the award and they do not want any Court to pronounce a decree in accordance with the award. Has title to the property passed to the parties without the award being registered so that such a party can transfer the title to a third party by sale gift or otherwise ? In my opinion the answer is clear that no title to immoveable property of the value of above Rs. 100/can pass by the award it is a non-testamentary instrument-without the document being registered. ( 8 ) NOW this decision has not been followed and has been differed from in A. I. R. 1958 Patna 252 which is a judgment of a Division Bench of three Judges. But the argument advanced in I. L. R. 26 Patna 437 has not been answered in the subsequent Patna case of 1958. It is contended by the learned counsel for the applicant that the decision in I. L. R. 26 Patna 437 has been over-ruled by the Division Bench of the Patna High Court in A. I. R. 1958 Patna 258 There is nothing in the judgment of the Pull Bench (Division Court of three Judges) to show that they had overruled the decision in I. L. R. 26 Patna 437 No doubt they have differed from the view taken in I. L. R. 26 Patna 437 But the power to over-rule such decisions rests only with the Supreme Court and none else. It is contended by the learned counsel for the opponents that there are two judgments of Division Courts of the Patna High Court in I. L. R. 26 Patna 437 and I. L. R. 27 Patna 86 and that although these two judgments have not been followed by the Division Bench of three Judges of the same High Court this is a case in which the view of the Division Bench of two Judges should be taken as against the view taken by three Judges of the Pull Bench. But it is not necessary to go into this question. The Division Bench of three Judges in A. I. R. 1958 Patna 252 has not referred to the provisions of sec. 3 of the Act and clause 7 of the First Schedule to the Act. If they had done so perhaps they might have come to a different conclusion. Although the provisions of sec. The Division Bench of three Judges in A. I. R. 1958 Patna 252 has not referred to the provisions of sec. 3 of the Act and clause 7 of the First Schedule to the Act. If they had done so perhaps they might have come to a different conclusion. Although the provisions of sec. 3 of the Act and clause 7 in Schedule I of the Act have not been referred to in Ramamani v. Basavayya A. I. R. 1947 Madras 168 they have observed as follows :-WHEN there is a dispute between parties and that dispute is referred to an arbitrator whose decision the parties agree to accept there is in fact a contract between these parties the final terms of which will embody the decision of the arbitrator on the point referred to him. If the nature of the contract between the parties is such that it actually declares or creates or assigns any interest in immoveable property the award just like any other contract having the effect must be registered. If however the contract between the parties merely relates to the terms on which one party shall have the right to demand from the other party a future conveyance of property then the award which settles the terms upon which this future conveyance should be made is nothing more than part of an agreement to convey and it is well settled that an agreement to convey in future falls under the exception in sec. 17 (2) (v) Registration Act. ( 9 ) EVEN in the case of an ordinary sale deed of immoveable property it cannot be enforced without filing a suit but that does not mean that the sale deed has no effect by itself. Similarly an award under the Act is not enforceable unless it is filed in a Court and followed by a judgment and decree of the Court. But that does not mean that the award itself has no effect. It is final and binding between the parties to the arbitration agreement and it has therefore great effect to that extent. I therefore hold that under the Arbitration Act of 1940 if an award creates a charge on immoveable property worth Rs. 100/or more it would require registration. To take any other view would result in making easy evasion of the provisions of the Registration Act. I therefore hold that under the Arbitration Act of 1940 if an award creates a charge on immoveable property worth Rs. 100/or more it would require registration. To take any other view would result in making easy evasion of the provisions of the Registration Act. ( 10 ) BUT in this case the award provided for two things:- (1) the payment of Rs. 8000/and (2) the creation of charge on immoveable property. So far as the award created a charge on the immoveable property it requires registration and to that extent the award is defective. But so far as the award related to the payment of Rs. 8000/there was no defect in the award. Sec. 15 of the Act provides that the Court may by order modify or correct an award where the award is imperfect in form or contains any obvious error which can be amended without affecting the decision on the matter referred. in my opinion the non-registration of that part of the award which relates to a charge on the immoveable property would be a defect in form which could be modified and corrected by the Court. For another reason also the Court can modify the award because the arbitration agreement referred only the question in respect of the amount due and the installments payable to arbitration. But the arbitrator created a charge which was not one of the matters referred to in the arbitration agreement. To that extent the award was in excess of the powers of the arbitrator and as decided by the Privy Council in Amir Begam v. Badr -Ud-Din I. L. R. 36 Allahabad 336 Ramamani v. Basavayya A. I. R. 1947 Madras 168 dewaram v. Harinarain I. L. R. 26 Patna 437 at p. 441 seonarain Lal v. Prabhu Chand A. I. R. 1958 Patna 252 where part of an award was found to be invalid as being in excess of the arbitrators powers and it was separable from the rest the remainder of the award being good could be maintained. In this case the award relating to the payment of Rs. 8000/is separable from that part of the award which creates a charge on the movable property. In this case the award relating to the payment of Rs. 8000/is separable from that part of the award which creates a charge on the movable property. The award which is binding on the parties to the arbitration agreement does not cease to have that effect merely because in law an award cannot be enforced unless followed by a judgment and decree. I therefore allow the revision application and direct the Court below to pass a judgment and decree in terms of the award so far as it relates to the payment of money. The person to whom the money is paid under the award should pay the costs of this revision application. Application allowed. .