IFTIKHAR AHMED Vs. SYED MEHARBAN ALI

JUDGEMENT

(1.) IN this appeal, by special leave, the question for consideration is whether the High Court of Allahabad was right in setting aside the decree passed by the District Judge, Meerut, in appeal, setting aside an award passed by the arbitrator appointed under the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(2.) IN order to appreciate the question in issue, the following pedigree is useful: <IMG>JUDGEMENT_151_2_1974Image1.jpg</IMG>

(3.) THE arbitrator Mr. B. P. Gupta considered the case. He came to the conclusion, on the basis of the oral and documentary evidence, that the parties were co-bhumidhars of the properties except in respect of 9 bighas 3 biswas and determined their shares in the properties. THE arbitrator was of the view that the judgment of the High Court was not res judicata as regards the title of the parties to the properties.