KESHRIMAL PYARCHAND Vs. BASANTILAL PYARCHAND

JUDGEMENT

(1.) THIS appeal under Section 39 of the Arbitration Act is directed against an order dated 6-11-1961 refusing to set aside an award. Material facts are as follows.

(2.) TWO brothers Basantilal and Keshrimal who are residents of Shajapur formed a joint Hindu family possessing Joint Hindu family property. Kesharimal has two sons vimalchand and Paraschand whereas Basantilal has two sons Ashok and sudarshan. The family continued to be joint when in the year 1958 disputes cropped up between the two branches of the family represented by the two brothers Keshrimal and Basantilal. On 14-7-1958 the dispute as to their joint family property and its division was referred to arbitration of four arbitrators poonamchand, Mishrilal, Kanhaiyalal and Gangabisan. Reference to arbitration was drawn up in writing, signed by Keshrimal and his sons as well as by Basantilal.

(3.) THE arbitrators then gave their award on 12-9-1959. On the same date the two brothers put their signatures of acceptance below the award. The two days later i. e. on 14-9-1959 Kesharimal addressed a notice to the arbitrators complaining that although they had obtained his signature to the award, they had not explained to him the contents of the same; that thereupon he had sent Puralal and on his going through it Puralal had informed him about its terms. According to him the award erroneously mentioned about his having accepted certain facts when factually he had not; that they had also not recorded complete evidence which he wanted to adduce; that they had not secured the signatures of his son of the submission. The sons of Kesharimal also gave notice dated 14-9-1959 questioning the award.