SAUKHI LAL PRASAD Vs. CHANDRADIP YADAV

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.5.1997, passed by the learned Subordinate Judge-II, Patna City, Patna, in Title Suit No. 315 of 1987, Chandradip Yadav v. Shokhilal Prasad, whereby the award in terms of the Arbitration Act, 1940 (hereinafter referred to as the. 'Act'), has been made a rule of the Court and decree has been passed accordingly.

(2.) Defendant No. 1 is the appellant. The case of the plaintiff (respondent) is that the plaintiff is the karta of his own family consisting of defendant Nos. 4 and 5, and similarly other defendants of the 1st set are kartas and representatives of their respective families. Subject matter of the dispute is stated in detail at the end of the plaint which is situate at Chakrasil, PS. Alamganj, District-Patna, bearing khata No. 194., plot No. 252, area 29 decimals. Dispute arose between the plaintiff and the defendant 1st set with respect to the suit property. The plaintiff and defendant 1st set entered into an arbitration agreement who executed a panchnama on 20.1.1987, and Awadh Bihari Singh, defendant No. 8, was appointed sarpanch and authorised to decide the dispute. The further case of the plaintiff is that both the parties presented their case and the panches gave their award on 12.4.1987. The award was duly and legally registered on 18.4.1987, and notice about giving of the award was sent to the parties through registered post on 18.4.1987. The suit was filed so that the award may be made a rule of the Court.

(3.) A written statement was filed on behalf of defendant Nos. 2 to 7, inter alia, stating therein that the plaintiff is not entitled to get the relief but in other paragraphs of the written statement these defendants have supported the claim of the plaintiff.