RAMESHWAR DAYAL Vs. HARPRASAD BHARGAVA

JUDGEMENT

(1.) THE dispute between the parties is in respect of a house situates in the town of Guna. There was an arbitration agreement between the parties in respect of division of properties. The matter was brought in a Court proceeding before the District Judge of Guna. The matter was also referred to the arbitrator and an order was passed by the trial Court in respect of the questions raised between the parties as to whether the properties were part of impartible estate or they were liable to be partitioned in accordance with law by metes and bounds. A Civil Revision No. 154/87 and Misc. appeal No. 127/87 were preferred before this Court which were decided by common order dated 29.10.1991. In that order, this Court has specifically held that the properties in dispute were not part of impartible estate. Admittedly some idols were installed in a part of the house in question, this Court had specifically held that the entire properties including this house were liable to be partitioned.

(2.) THE only question for determination remains in respect of the rights of shebaitship, which were to be ascertained, recognised and confirmed. This Court had further held in the said judgment that in the same proceedings for partition' of the entire properties, the question of shebaitship be also decided either by the arbitrator or by the Court, when the award is submitted. Following direction was given by this Court - -

(3.) AFTER this direction, the matter was again placed before the trial Court. The trial Court by the impugned order dated 1st of March, 1995 directed that the matter be placed before the arbitrator for making additional award in respect of the proposal for partition of the properties in dispute.