RAMSAHAI SHEDURAM Vs. HARISHCHANDRA DULLCHANDJI

JUDGEMENT

(1.) THESE appeals are by a building contractor from the District Judge's decree based on two awards in arbitration on his claims and the owner's counter claim in respect of two building works carried out by him for the owners. When the awards were filed, the appellant objected on various grounds, to be set out presently; but the District Judge has rejected them.

(2.) IN one case, the building is the "lantern Hotel" in North Tukoganj of which Capt. Dhanda is the owner and respondent in Appeal 56 of 1959. In the other, the building is the "viram Lodge" and the owners ars the other members of his family (respondents in Misc. Appeal No. 57 of 1959) on whose behalf he had been acting. The contractor and the arbitrator are the same and the questions that arise are identical. The District judge, therefore, consolidated them into one suit and delivered one judgment; the same procedure can be conveniently adopted here as well.

(3.) THOUGH the mutual dealings between the parties have been long and complicated, the following summary is sufficient for our purposes. Some time in 1948, Capt. Dhanda and his family proposed to put up two buildings, one called the "lantern Hotel" in North Tukoganj and the other called the "viram Lodge" in south Tukoganj. The former was to be in his own name and the lattar, in the name of his wife and children, though he has been throughout acting as the properly empowered agent on their behalf. There were two agreements between the Dhanda group, who may be called the "owners", and Ramsahay, the appellant, who will be called for convenience the "contractor". Among the various conditions, these alone are relevant for our purposes.