N. SYAMALA DEVI Vs. E. RAGHAVA RAO

JUDGEMENT

(1.) This appeal is filed under section 37(2) of the Arbitration and Conciliation Act 1996, against an interim order made by learned Sole Arbitrator on 04.11.2016.

(2.) The subject matter of the dispute referred to arbitration, is in respect of land measuring about 7 grounds which was alloted by the Tamil Nadu Housing Board to the appellant for running a school. The said land formed part of a larger lay out formed by the Tamil Nadu Housing Board in Arumbakkam, Chennai 600 106. Though the allotment was made in the name of the appellant N.Syamaladevi, it is claimed that respondents had also contributed for payment of the sale consideration due to the Housing Board for the said land. In fact a school in the name of Maruthi Vidyalaya was established and was functioning in the said land. The authorities namely the Director of School Education had granted permission for running the school.

(3.) According to the claimants namely respondents in this appeal, Dr. G. Srinivasan, father of the respondents 2 and 4 and the other claimants have also contributed towards the cost of the land and for putting up the super structure. It is also claimed that a partnership was formed in the year 1984 between the claimants 1 to 4 and the respondents as partners. The 2nd respondent in the claim petition who is the 4th respondent in the appeal was included as a minor partner. A partnership deed was also drawn up on 10.05.1993 between the parties. The partnership was named as Maruthi and Co., the method of sharing of the profits and losses were also set out in the partition deed.