M P KORAH Vs. RACHEL ZACHARIA @ RAHEL

JUDGEMENT

(1.) An order refusing to refer the parties to arbitration in terms of Section 8(1) of the Arbitration and Conciliation Act, 1996 (for short "the Act"), is assailed in this revision by defendants 1 to 4 in the suit.

(2.) Paily and Annam had four children - three sons Kora, Kuruvila and Varghese and one daughterRachel. They along with the wife of one of the sons Kora, purchased 19.648 cents of land in Sy. Nos.2575/2, 2575/4 and 2589/1 of Ernakulam village as per Ext.B1 Sale Deed dated 05.07.71. The daughter of the couple viz. Rachel filed the present suit for partition.

(3.) The defendants filed I.A. No.2348/15 contending that in respect of the subject matter of the suit, all the co-owners of the property had entered into Ext.A1 Partnership Deed dated 01.04.96 which was subsequently re-constituted on the death of the mother as per Ext.A2 Partition Deed dated 30.12.0 Under Ext.A1 Partnership Deed, the property in question has been brought in as a partnership asset. Under Exts.A1 and A2 Partnership Deeds, there is an arbitration clause. Therefore, the dispute may be referred for arbitration in terms of Section 8(1) of the Act, is the contention.