BAJJURI RAMAKISTAM Vs. BHOOPATI SOMALINGAM AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the 1st defendant against the order of the Subordinate Judge, Warangal, refusing to set aside an award and passing a decree in terms of the award.

(2.) As disputes arose between the appellant and the 1st respondent in regard to the properties left by one Latchamma, who died in or about 1957, the parties, submitted them to the arbitration of two persons, Konduru Ramalingam and J. Lakshmiarayana, the present respondents 3 and 4. The arbitrators, after making the necessary enquiries in to the matter, made an award dated 20-6-1958 and gave notice of it to the parties on 2-7-1958. Under the award the 1st and 2nd respondents were to be given the house property which is involved in this appeal and the appellant was to be paid by the 1st and 2nd respondents a sum of Rs. 3285-11-9. As the appellant was not willing to abide by the award, the 1st respondent filed a petition under Section 14 of the Arbitration Act to direct the arbitrators to file the award into Court and to make the award a rule of Court. The appellant filed objections to the award and prayed for setting aside the award.

(3.) The chief grounds of attack against the award were that the arbitrators misconducted themselves in that one of them did not participate in the proceedings which culminated in the award and that the arbitrators failed to note that the widow had acquired absolute rights to the property in the suit under the Hindu Succession Act, 1956, the award decree of 1902 which only gave a life estate to the widow in the house being a nullity by reason of its having been passed against a minor without appointing a guardian. The Subordinate Judge rejected the objections raised by the appellant and passed a decree in terms of the award. It is that decision that is under appeal now. In support of this appeal, the same contentions are urged before us.