SURINDER NATH Vs. BIHARI LAL

JUDGEMENT

(1.) SHRI Bakshi Ram owned several moveable and immoveable properties within the State of Himachal Pradesh. He died on 21.8.1978, leaving behind his sons, namely S/Shri Hem Raj, Sulekh Chand, Surinder Nath, Bihari Lal and wife Smt. Parsino Devi. On the basis of Will dated 10.8.1978, his estate stood bequeathed and mutated in favour of his legal heirs (parties to the lis), in equal share.

(2.) CERTAIN dispute arose between the legal heirs, as a result of which, Shri Sulekh Chand and Shri Surinder Nath (present petitioners) filed a suit for declaration, claiming joint ownership and possession of certain Whether reporters of the local papers may be allowed to see the judgment? properties in District Hamirpur. The suit was decreed on 27.2.1988 in favour of the plaintiffs, by Sub Judge, Hamirpur. Shri Bihari Lal, who claimed exclusive possession of certain properties, preferred an appeal. However, during its pendency, on 27.3.1990, parties entered into an arbitration agreement and agreed to refer their disputes to the sole arbitrator.

(3.) THE matter, however, did not rest there. S/Shri Hem Raj, Sulekh Chand, Surinder Nath and Smt. Parsino Devi instituted a petition, seeking execution of award dated 23.5.1994, to which Shri Bihari Lal objected, which plea was also dismissed by the District Judge, Hamirpur, on 28.4.2010.