ADITYA KUMAR DE CHOWDHURY Vs. NARAYANDAS DE CHOWDHURY

JUDGEMENT

(1.) THIS appeal has arisen out of an Arbitration proceeding which was registered as a suit in the circumstances that will appear from what we will recount presently. The present appellant and the respondents are co-sharers of their joint and ancestral properties including a residential house. When disputes had arisen between them regarding enjoyment of the joint properties, one of them, namely, Narayandas De Chowdbury instituted a suit in the Court of Munsil at Kama over disputes regarding some of the joint properties. That was Title Suit No. 120 of 1957. During the pendency of that suit the parties filed an application stating inter alia that they have appointed an Arbitrator for settling the disputes regarding the subject-matter of that suit, and on their prayer that suit was stayed. In fact by an agreement for arbitration between the parties Sri Amrita Lal Mukharji was appointed as Arbitrator to effect complete partition of all their joint properties. That agreement was executed on 5th of January. 1958. The Arbitrator made his Award concerning properties, value of which was beyond the jurisdiction of the Munsif at Kalna. The Award was therefore filed in the Court of the Subordinate Judge at Bur-dwan. Narayandas De Chowdhury filed an objection to the Award on various grounds. That objection was registered as Title Suit No. 144 of 1958 in the Court of Subordinate Judge at Burdwan, and present appeal has arisen therefrom.

(2.) ONE of the objections taken was that the Award required registration and as it was not registered the Award could not be admitted in evidence. The learned Subordinate Judge by an order passed in the suit dated 14-2-59 directed to return the Award to the Arbitrator on a proper receipt from him, with an undertaking that he would refile the same in that Court as soon as the Award was registered.

(3.) THEREUPON the suit was tried in the Court of the learned Subordinate Judge in March. 1961. No oral evidence was adduced by any party; arguments of both the parties were heard by the learned Subordinate Judge and judgment was delivered by him on 28th of March, 1961. By that judgment the learned Subordinate Judge held that the Award in question was compulsorily registrable and it could not be taken into evidence for want of registration and judgment could not be passed in terms thereon under Section 17 of the Arbitration Act. The objection of Narayandas De Chowdhury was upheld bv decreeing the suit and the application of the Arbitrator for a judgment in terms of the Award was dismissed. Present appeal is against that judgment and decree and has been preferred by Defendant No. 1 in the suit.