SANTOSH KUMAR Vs. SURENDRA MOHAN SINHA

JUDGEMENT

(1.) THIS Misc. Appeal has been filed by the defendants appellants under Section 39 of the Arbitration Act, 1940 against the Judgment and Decree dated 08.06.1990 passed by Sub Judge Ist,, Begusarai in Title Suit No.100 of 1987.

(2.) IT appears that the appellants and the respondents referred their dispute to arbitrators. Two arbitrators were appointed on behalf of the plaintiff respondents and two arbitrators were appointed by the defendants -appellants, namely, (i) Mashudan Lal, Wakil (ii) Babu Jogendra Singh, Wakil (iii) Babu Jagjeewan Nath Lal (iv) Babu Hari Dwar Singh. These four arbitrators appointed the umpire (Surpanch) Babu Arjun Singh. The parties accepted the appointment of all the Punches and Surpanch and to that effect, agreement was entered which is registered agreement, ext.1. The arbitrators gave their Award on 14.4.1985. Since there was reference of opinion, the Surpanch made final Award on 18.6.1985. The Award was filed in the Court and the defendant appeared and filed objection to the Award. The case was registered as Misc. Case No.26 of 1985 which was thereafter converted to a title suit as aforesaid. By the impugned Judgment and Decree, the Court below refused to set aside the Award and made the Award rule of the Court. Against the impugned Judgment and Award, earlier First Appeal was filed being First Appeal No.329 of 1990. However, subsequently, it was converted to Misc. Appeal.

(3.) IT appears that the dispute between the parties was that the plaintiff was claiming partition with respect to the suit property whereas according to the defendants appellants the suit property was self acquired property and plaintiff had got no share. There had already been partition in the year 1924 and the properties have been purchased thereafter. Because of this dispute the matter was referred to arbitrators as aforesaid.