GOPAL LAL AHIR Vs. BAIJU LAL AHIR

JUDGEMENT

(1.) THE defendants are the appellants. THE suit was for partition o joint family properties, including Yatri Bahis. THE court below has decreed the suit in part, and hence this appeal.

(2.) THE parties are Gayawal Pandas. THE plaintiff's case is that they are entitled to one-fifth share in the properties in dispute, including Yatri Bahis. Being prevailed upon by the defendants, the plaintiffs and the defendants referred the matter to arbitration. THE arbitrators did not complete the arbitration, and, thereupon, it is said, the plaintiffs withdrew from the arbitration and filed the present suit, after their demand for partition by metes and bounds was refused by the defendants.

(3.) MR. H.P. Sinha, learned Counsel for the appellants, has submitted that the suit is barred under Section 32 of the Arbitration Act, and that the Yatris, namely, pilgrims, coming to Gaya for the performance of the sradh of their ancestors should have been divided parganawise and district-wise and not that the pages of the Yatri Bahis should have been divided.