RAJA RAM Vs. BHIM SAIN

JUDGEMENT

(1.) JUDGMENT

(2.) THIS revision concerns a dispute between the parties regarding a shop No. 25, Lal Sai Market, and a house No. 4/6, Double Storey, both in Lajpat Nagar, New Delhi. The short facts with which we are immediately concerned seem to be that one Jia Lal had two sons Bansi Lal and Raja Ram and a daughter. They were all living without payment of rent in the said house which belonged to one Bhim Sen who was a brother-in-law of Jia Lal, but who on account of relations having meanwhile strained? had begun demanding rent for the accomodation for the last three years. The shop was allotted to Bansi Lal who was a lessee thereof. He started business in that shop in the partnership of one Jewat Ram. They fell foul with each other and Jewat Ram excluded Bansi Lal both from the business and the shop. After certain negotiations, Jewat Ram agreed to quit the shop and dissolve the partnership if he was paid Rs. 4,400.00 . Bansi Lal could not raise this amount and approached Bhim Sen for help. Bhim Sen by mortgaging the house to one Prithvi RaJ raised an amount of Rs. 4,400.00 repayable in monthly instalments of Rs. 150.00 p.m. Another sum ofRs.l,500.00 had also been borrowed by them from Bhim Sen. After satisfaction of his demand, Jewat Ram vacated the shop. It was then agreed between the parties that the shop and the business shall be transferred to, and run as a sole owner by. Raja Ram provided he repaid the loan in the aforesaid instalments of Rs. 150.00 p.m., the lease money and other taxes to the Municipal Corporation. For the same consideration, he also agreed to pay Rs. 100.00 p.m. towards family expenses to his father Jia Lal and Rs. 50.00 p.m. to Bhim Sen as the rent of the accommo dation in which they were already living. Later on) it appears Raja Ram could not carry out his undertaking and disputes arose between the two brothers. They agreed to refer by a written agreement dated January 29, 1970, their mutual dispute and the dispute about the property of Bhirn Sen for arbitration by Krishna Chandra. The arbitrator examined all the parties concerned in the disputes. Bhim Sen, Prithvi Raj and Jia Lal appeared before the arbitrator and took part in all the proceedings before him. The arbitrator gave his award on April 28, 1970, purporting to be between the aforesaid five persons. The terms of the award are --