SEETHALAKSHMI AMMAL Vs. TMT R GANAPATHI AMMAL

JUDGEMENT

(1.) Seethalakshmi Ammal, wife of A.T. Ramaswamy Naicker is the appellant in the above appeals. C.M.A.No.425/1991 is directed against the order passed in O.P.No. 3/1981 on the file of the Subordinate Judge, Srivilliputhur dated 3-5-1988. The very same appellant has filed C.M.A.No.426/1991 questioning the order passed in O.P.No. 2/1981 of the same Court dated 3-5-1988.

(2.) In respect of disputes between Ganapathyammal, Seethammal and Rengammal on the one side and A.T. Ramasamy Naicker on the other, and in view of pendency of civil matters in the High Court as well as the Sub Court, Ramanathapuram at Madurai, the parties have agreed to resolve the same by way of arbitration; accordingly Justice Mr. A. Alagiriswamy, Retired Judge of the Supreme Court, was appointed as arbitrator. The matters referred to the arbitrator are:1.Giving effect to the decree in A.S.No.214 and 462 of 1961 of the High Court of Madras and C.R.P.Nos.913 and 3148/72 pending in the High Court; 2.S.A.865 of 1971 pending in the High Court of Madras; 3.Decree in A.S.No.33 of 1975 of the Sub Court of Ramanathapuram at Madurai. The parties to the dispute are (1) Ganapathy Ammal; (2) Seethammal and (3) Rengammal. They are the daughters of Rengasamy Naicker. The arbitrator has arrayed them as plaintiffs. The party to the dispute is A.T. Ramaswami Naicker who has been described as defendant. After considering all the disputes, the arbitrator has passed his decision on 30th March,1977. The first issue relates to allotment of lands. Since there is no dispute regarding the allotment of lands, it is unnecessary for us to refer the details and mode of allotment, extent of land etc. The other issue considered by the arbitrator relates to mesne profits. The decision of the arbitrator shows that the plaintiffs claimed Rs.1,000/-an acre per year for garden lands and Rs.150/- per acre for dry lands. On the other hand, the defendant A.T. Ramaswami Naicker claimed that garden land will fetch Rs.50/- an acre and dry land Rs.10/- an acre. The price of land according to the plaintiffs is Rs.6000/- an acre for garden land and Rs.1000/- an acre for dry land. The defendant valued the garden land at Rs.2750/- an acre. The arbitrator has referred to the value fixed by the Land Acquisition Officer. Considering all the above details, the arbitrator has fixed Rs.500/- an acre per year as mesne profits for garden land and Rs.50/- an acre per year for dry land. According to the arbitrator, the total amount due till 6-4-1975 is Rs.60,000/-. The arbitrator has also held that after 6-4-75 till possession is given of the lands as decided in the Award the mesne profits will be payable at the same rate. The said Award is dated 30-03-1977.

(3.) The arbitrator has filed O.P.No.2/1981 before the Sub Court, Srivilliputhur under Section 14 (2) of the Arbitration Act. The defendant-A.T. Ramaswamy Naicker filed O.P.No.3/81 before the same Court to set aside the award on various grounds. Pending the said O.P., due to death of A.T. Ramaswamy Naicker, his wife Seethalakshmi Ammal was brought on record in O.P.No. 3/81. Considering the issues raised, the learned Subordinate Judge, Srivilliputhur tried O.P.Nos.2/81 and 3/81 together. In O.P.Nos.2/81 plaintiffs 1 to 3 were shown as respondents 1 to 3 and defendant-A.T. Ramaswami Naicker as 4th respondent. After his death, her wife Seethalakshmi was brought on record as 5th respondent in the said petition. For convenience, the learned Subordinate Judge referred to the parties as described in O.P.No.2/81. It is further seen that on behalf of respondents 1 to 3 therein, documents were marked as Exs. A-1 to A-10 and one Ayyappa Naicker was examined as P.W.1. On the side of the 5th respondent therein, Exs. B-1 to B-13 were marked and no one was examined. The learned Subordinate Judge after framing issues and after considering the evidence both oral and documentary, by a common order and decree dated 3-5-1988, accepted the award of the arbitrator dated 30-3-77 and allowed O.P.No.2/81, but dismissed O.P.No.3/81 filed by A.T. Ramaswamy Naicker and pursued by Seethalakshmi Ammal. Questioning the said common order, Seethalakshmi Ammal alone has preferred the above appeals.