SHAMBHU NATH Vs. GOKAL CHAND

JUDGEMENT

(1.) THIS is a Letters Patent Appeal against a decision of Mr. Justice Achhru Ram given on the 19th of March 1948 in appeal from an order of a Subordinate Judge of Amritsar rejecting an arbitrator's application for the filing of an award made by him.

(2.) BY means of an agreement dated the 25th of September 1942 two sets of parties, being the sons and grandson of Lachhman Das on the one part and sons and grandsons of Ram Das on the other part. Lachhman Das and Ram Das being brothers, referred to an arbitrator Dr. Nand Lal their disputes, which in the agreement of reference were described as disputes regarding business and movable and immovable properties etc. , namely the business Gokal Chand, Radha Ram of calcutta, the business Gokal Chand-Radha Ram of Singapore, the business Shambhu nath-Dhanpat Rai of Amritsar, and, movable and immovable property situate at Dalo Nangal in the Amritsar District.

(3.) THE arbitrator in his award dated the 31st of May 1943 dealt with the immovable properties, namely lands and houses situated in Amritsar itself, in three villages of Amritsar District, in one village of Kapurthala State and in two villages of Jullundur District. He held that although these various properties stood in the names of Individual members of one branch or other of the family, the Lachhman Das branch and the Ram Das branch were each entitled to a half share in each property. In respect of the various businesses the result of his finding was that each branch was entitled to a total amount of Rs. 2,48,665/3/9. The Ram Das branch had with it Rs. 1,30,372/- in excess of its share and the arbitrator therefore held that the Lachhman Das branch represented by Gokal Chand as manager should recover Rs. 1,30,372/- from the Ram Das branch with certain interest. The arbitrator also made this amount a charge on the entire immovable property belonging to the Ram Dass branch.