KEHAR DASS Vs. TARAK SINGH

JUDGEMENT

(1.) THIS Letters Patent appeal has been filed by Kehar Dass Chela Bawa Joti parkash, plaintiff, against the decision and judgment of Rajendra Nath Mittal, J. , vide which his second appeal was dismissed.

(2.) THE plaintiff claimed himself to be the owner of the site shown fey letters abce" in plan, Exhibit P-1, attached with the plaint. In the year 1933 the Sikh gurdwara Tribunal declared this land to be a part of this Dera. There is a wall towards the South of this site. Tarak Singh, defendant No. 1, obtained permission from the Gram Panchayat of the village for opening a door in the said wall and to pass the water towards the site in dispute. Defendant No. 1 proposed to open the door and to pass the water over the property in dispute, upon which the plaintiff filed a suit for restraining him (Defendant No. 1) from doing so. Tarak Singh contested the suit and pleaded that the plaintiff was not the owner of the site in dispute, rather it is a part of shamlat property. He further pleaded that the dispute had been referred by the parties to the panchayat and the Panchayat gave an award and consequently the suit was not maintainable in the Court.

(3.) THE learned counsel for Kehar Dass appellant vehemently contended that unless the award in dispute was made a rule of the Court in accordance with the provisions of the Arbitration Act, it could not be pleaded in defence in a suit regarding the property covered by the award. In support of his contention, he placed reliance upon: