K J KHOSLA Vs. RAJ LAKSHMI

JUDGEMENT

(1.) This is a Civil Revision and has been directed against the judgment dated 8.8.1983, passed by the Additional District Judge, Patiala, who, affirmed the order dated 25-5-1981, passed by the Court of Sub Judge 1st Class, Patiala, who, dismissed the petition under Section 14 of the Indian Arbitration Act, 1940, for making the award dated 10-7-1979, given by the Arbitrator, as Rule of the Court.

(2.) The brief facts of the case are that Dewan Niranjan Parshad had two sons namely K.J. Khosla and N. Khosla, who, were the applicants in the application under Section 14 of the Indian Arbitration Act. Said Dewan Niranjan Parshad had three daughters by the names of Shrimati Raj Lakshmi, Smt. Nirmala and Smt. Saraswati who has since expired and S/Shri A.C. Taiwani, Manik Talwani and Pardeep Talwani, are the legal heirs of said Smt. Saraswati. Dewan Niranjan Parshad had a big ancestral Kothi known as "Nishkam", situated on Bhupendra Nagar Road, Patiala. In October, 1956, Dewan Niranjan Parshad gifted three plots of the land forming partof this kothi in its rear portion to his three daughters namely Raj Lakshmi, Nirmala and Saraswati with the consent of his wife Smt. Amar Devi and his two sons S/Shri K.J. Khosla and N. Khosla. The gift was witnessed by Shri B.S. Taiwani who was the husband of Smt. Saraswati. This gift was recorded in family year book known as "Dussehra Bahi". It was further affirmed by Dewan Niranjan Parshad through a registered "Deed of relinquishment" on 10-6-1961.. Smt. Saraswati died in the year 1966. Dewan Niranjan Parshad is alleged to have revoked the gift and resumed the plots on 10-5-1971 with the consent of his two daughters and Shri B.S. Talwani. husband of Saraswati and paid Rs.10,000/- to each of them in lieu of the plots. Dewan Niranjan Parshad then partitioned the property by allotting separate share to his two sons and this oral partition was recited in memo of partition dated 6-12-1974. On 14- 1-1975, Dewan Niranjan Parshad died.

(3.) After the death of Dewan Niranjan Parshad, a dispute arose between his two sons on one hand and two daughers and heirs of third daughter on the other in respect of the three plots of land which had been gifted and then resumed on revocation of the gift by Dewan Niranjan Parshad. The parties vide agreement dated 27-10-1978 referred the dispute to the sole arbitration of Shri Ram Kishan, Advocate, Ludhiana who gave the award dated 10-7-1979. The arbitrator died on 22-10- 1979.