ANDHRA MENNONITE SELF SUPPORTING CHURCH SOCIETY Vs. SUNDRAMMA

JUDGEMENT

(1.) THE plaintiff is the appellant in this Letters Patent Appeal. This appeal arises out of the decision of our learned brother, Sriramulu, J., rendered in C.C.C.A. No. 30 of 1965. THE said appeal was preferred by defendants 1 to 5, 8 and 9 in O.S.No. 57 of 1963 on the file of the court on the II Additional Judge, City Civil Court, Hyderabad filed by the appellant herein. THE suit was for recovery of the possession of the suit property on the ground that the plaintiff Society was the owner of the suit property having purchased the same for the purpose of constructing a private church in the same. THE defendants contested the suit. THEy contended that the property was purchased with the contributions made by all of them, that they entered in the possession of the respective plots and that they continued in possession from 1.4.1947. THEy claimed that the suit was barred by time. In the trial court, the plaintiffs title was established. In regard to the question of limitation, the learned trial judge thought that the period taken by their earlier litigation in respect of the same property has to be deducted under section 14 of the Limitation act. In that view, the suit was decreed for possession against the respective defendants on 31.3.1965.

(2.) AGAINST the said decree, defendants 1, to 5 , 8 and 9 preferred C.C.C.A. No. 30 of 1965. After the passing of the decree and before the filing of this appeal in this court, the parties attempted to settle the matter. Mr. Issac representing the defendants authorised Sri P. B. James to mediate and arrive at a final settlement. Sri James, who was authorised as an attorney to arrive at the final settlement, appointed Mr. K.C. Devadanam as an arbitrator to into the land dispute. Similarly, the plaintiff Society, 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 the same gentle man, Sri K.C.Devadanam. Thereafter the parties appeared before the arbitrator and led evidence. After considering the entire evidence that was placed and the submissions made before him, the arbitrator came to a decision and passed an award on 17.5.1965. Both Mr. James and Mr. Arnold representing the parties signed the award in token of their acceptance of the award. It was only later on that the appeal before the High court came to be presented on 11.6.1965. Pending this appeal, the respondents herein (defendants 1 to 6, 8 and 9) filed an application C.M.P.No.8722 of 1965 under Order No. 23, Rule 3, Civil Procedure code praying this court to record the adjustment as evidenced by the award which was treated as a compromise and pass a decree in terms thereof as stated in the petition. The appellant-plaintiff filed a counter on 28.7.1960 and objected to the passing of a decree in terms of the award saying that he never gave his consent. This petition was argued before out learned brother along with the appeal. The appellant-plaintiff objected to the truth of the compromise and also the validity thereof. He questioned the validity on the ground that all the defendants did not agree to the award itself. He also relied upon the proviso to Section 47 of the Arbitration act which reads as follows.:

(3.) MR. Upendralal Waghray, the learned counsel appearing for the appellant, raised before us two main contentions; firstly, that the Secretary of the Society, who appointed MR. Arnold to make a reference has no authority to represent the plaintiff-institution; and secondly, under the proviso to Section 47 of the arbitration act, the consent that is required is the consent at the time of the filing of the compromise into court and the consideration of the said compromise by the court and not any anterior consent given to the award by any one of the parties. We will consider the validity of these contentions seriatim.