BHIMAVARAPU VENKATASUBBAYYA Vs. ADDANKI BAPADU

JUDGEMENT

(1.) AN interesting point has been raised by Mr. Krishnamurthi for the appellant in this case. The suit was laid by the respondent before me for a declaration of his title and for an injunction to restrain the defendant from interfering with his possession. The plaintiff rested his title upon a certain sale deed dated 11-101930 and also upon a prescriptive title by enjoyment had by him all along from the date of that sale deed. The defence, so far as material to the disposal of the present second appeal, is that there was an award on a reference to arbitration which is binding upon the plaintiff and precludes him from filing this action. The learned District Munsif of Ongole dismissed the suit giving effect to the defence above referred to.

(2.) THE award was pronounced on 12-1-1944 and registered on 24-3-1944. On 9-3-1944 it was that the suit, out of which this second appeal arises, was instituted.

(3.) IT seems to me that no valid bar to the maintainability of the present action has been made out, and since the defendant, who is himself relying upon the award, did not take steps to have it filed and dealt with under the appropriate provisions of the Arbitration Act, it is not competent to him to rely upon it in answer to the action That being so, this second appeal fails and it must be dismissed with costs.