SREEDHARAN NAMBOOTHIRI Vs. JATHAVEDAN NAMBOOTHIRI

JUDGEMENT

(1.) THE appellant and respondents 1 to 3 are the male members of the ancient Namboodiri Illom 'pambummekkat Mana'. THE properties of this Mana were partitioned by an award passed under the Arbitration Act in 1961. THE award has merged into a decree as is seen from the orders disposing of M. P. Nos. 1/1961 and 1/1963 of the Sub Court , Irinjalakuda.

(2.) THE case of the respondents is that the decree aforesaid has declared the rights of the male members of the Mana to administer the trust "created by the award", and its properties by rotation; and as such each one of them is entitled to manage the trust and its properties as and when his turn comes.

(3.) THE learned counsel for the appellant-defendant submits that the suit is not maintainable in view of the provision contained in s. 32 of THE Arbitration Act. In other words, the suit, inasmuch as the same is to enforce the award is not maintainable, the counsel argues. On the other hand the counsel for the respondents contends that S. 32 is not available to be pressed into service because the relief sought for by filing the suit, is not to enforce the award but only to get the rights declared under the decree enforced through court of law.