SUNDARAMMA AND OTHERS Vs. THE ANDHRA MENNONITE SELF

JUDGEMENT

(1.) This appeal arises out of the judgment and decree dated 31-3-1965 made by the II Additional Judge, City Civil Court at Hyderabad decreeing the plaintiff's suit against the defendants.

(2.) The material facts leading to the filing of this appeal are as follows: The Andhra Mennonite Self-supporting Church Society through its President Robert Samuel filed a suit against Sundaramma and others, for a declaration of title to the land measuring 708 square yards situate at Bakaram and for recovery of possession of the same from the defendants. The suit was contested by the defendants. After framing proper issues and after considering the evidence that was adduced in support of the respective contentions of the parties, the trial court decreed the plaintiff's suit against the defendants, on 31-3-1965. Aggrieved by the Judgment and decree of the trial Court, the defendants have come up in appeal to this court.

(3.) After the suit was decreed against the defendants and before they filed the appeal to this court against the said judgment and decree, Mr. Issac representing the defendants authorised Sri P.B. James to mediate and arrive at a final settlement with regard to the suit land. Sri James who was so authorised as an attorney to arrive at a final settlement appointed Mr. K.C. Devadanam as an arbitrator to go into the land dispute. Similarly, the Church through its Secretary, Sri D.S. Jacob appointed Sri P. Arnold for mediation and to make a final settlement with regard to the suit land. Mr. Arnold also appointed Sri K.C. Devadanam to go into the land dispute. Thereafter, the parties appeared before the arbitrator and led evidence. After considering the evidence that was placed before him and the submissions made before him, the arbitrator came to a decision and passed an award. The award is dated 17-5-1965. Both Mr. James and Mr. Arnold, representing the parties signed the award in token of their acceptance of the award. Later, the defendants, as stated above, aggrieved by the judgment and decree of the trial court filed the appeal to this court on 11-6-1965. During the pendency of this appeal, the appellants filed an application to this court under Order 28, Rule 3 of the C.P.C. read with S. 151 C.P.C. to record the adjustment arrived at between the parties as evidenced by the award, and other documents Exs. S.A.B. and C. filed along with the petition. The petition was supported by an affidavit filed by Mr. Issac. The petition was filed by the appellants on 11-8-1965. To this petition, the respondents filed a counter on 28-7-1969 and later on supported it by means of an affidavit of Mr. James. When the petition was called for bearing, Sri Shiv Shankar, Learned counsel for the respondents (Church) appeared before me and sought for time. I did not find sufficient reason for adjourning the case. I declined to give time and heard the arguments addressed by the learned counsel for the appellants.