ABDUL KARIM Vs. MANIRAN

JUDGEMENT

(1.) This appeal has been brought from an order dated 16-3-1950, passed by the Special Subordinate Judge of Ranchi on an application filed before him under Section 33, Arbitration Act, 1940, challenging the validity of an arbitration agreement entered into by the parties.

(2.) One Maula Bux had a son named Abdul Aziz and a daughter named Batulan, Abdul Aziz had two wives, Zainab and Maniran Zainab has three sons Ahmad Ali, Abdul Karim and Idris, and two daughters, Sakina and Safoora. Maniran has two minor sons, Abdul Majid and Muhammad Zamil, three minor daughters, Abda Khaioon, Zahida Khatoon and Halima, and three major daughters, Khodeja, Moshera and Zohra.

(3.) After the death of Maula Bux and his son, Abdul Aziz, there appears to have arisen a dispute in the family regarding the partition of the properties. On 20-4-1949, a deed of agreement was entered into by the family members, and Bibi Maniran, one of the wives of Abdul Aziz, had signed this deed for self and as guardian of her minor children. The deed of agreement recited that, since "there is a dispute between the parties regarding the possession, enjoyment, partition, accounts, assets, liabilities and interest in movable and immovable properties left by the late Sheikh Maula Bux and his son late Maulavi Abdul Aziz", the parties desired to refer the dispute to the arbitration of certain persons named therein, and they appointed those persons as arbitrators to adjudicate upon their dipute.