HARISH CHANDER SHARMA Vs. PRITI SHARMA

JUDGEMENT

(1.) SHRI Harish Chander Sharma, the plaintiff, filed the present suit for partition of the joint Hindu family properties. In the plaint it was allegedK that the plaintiff and the three defendants constitute a joint Hindu family owning several moveable and immovable properties, that the partics have l/4th share each in the properties and that the plaintiff does not want to keep the properties joint any longer and wants the same to be partitioned. The plaintiff then pyed for a preliminary decree for partition of the joint Hindu family properties mentioned in the plaint, after declaring the shares of the parties as l/4th each and also prayed that a Commissioner be appointed to effect the partition in between the parties according to the share of the partics. During the pendency of the suit, an application under section 21 of the Arbitration Act, 1940 was moved by the plaintiff that all the parties in the suit had agreed to refer the matters in dispute to the sole arbitration of SHRI D. D. Sharma. a near relation of the parties. The statements of the parties were recorded on July 24, 1974. In terms of the statements of the parties, the matters in difference in suit were referred to the sole arbitration of SHRI D. D. Sharma who was directed to file his award within four months from 24th July, 1974. SHRI D. D. Sharma, the sole arbitrator made and published his award on 24th day of October, 1974 and filed the same in this court.

(2.) WHEN the award was filed by the arbitrator, the Deputy Registrar noticed that it was unstamped, prima facie, it being an instrument of partition. The Deputy Registrar, after hearing the counsel for the parties, recorded a note on 18th of December, 1974 and listed the case before the Registrar for orders. The Registrar issued notice to the Chief Revenue Controlling Authority and after hearing the counsel for the parties as well as the Standing Counsel for Chief Revenue Controlling Authority, directed that the matter be laid before the court for a decision on the two points :-