A KOTHANDAPANI Vs. SAMPATHKUMAR

JUDGEMENT

(1.) THIS is an appeal under Sec. 39 of the Arbitration Act by the defendants in O.S. 227 of 1984 on the file of the court of Subordinate Judge, Udumalpet against the dismissal of their application under S.34 of the said Act for stay of all further proceedings in the suit.

(2.) THE respondents herein filed the suit for a division of the suit properties into two equal shares and allotment of one such share to them on the following allegations - 'THE father of the plaintiffs by name P.K. Ramswami Gounder and the father of the defendants by name P.K. Arumugha Gounder were divided brothers and the suit properties belonged to the families of both. As heads of their respective families, they executed a document on 22-2-1963, styled as a deed of dissolution and partition whereby it was agreed inter alia that the plaintiffs and their two brothers will together have a half share and the defendants together will have the other half share. Neither of the heads of the families took any share therein. THE plaintiffs, their brothers and the defendants entered into a partnership for running a theatre. On account of misunderstanding between the parties, they stopped running the theatre on 31-7-1980 and the licence also expired. Even as per the terms of the partnership deed the partnership came to an end on 28-8-1983 by efllux of time.

(3.) THE learned Subordinate Judge of Udumalpet dismissed the petition on the grounds that the dispute did not fall under the arbitration clause and that the defendants having set up an arrangement by a prior mediation were not entitled to invoke the arbitration clause.