KORALLA BUCH LINGAM Vs. KORALLA SATYANARAYANAMURTHI

JUDGEMENT

(1.) The parties to Original Suit No. 33 of 1912, which was a suit for partition, referred their disputes to be settled by three arbitrators who made an award on April 2nd 1913.

(2.) After this, the 3 arbitrator divided the properties and reported to the Court on 6th October 1915 and at the foot of his report it was written that both the parties agreed to the matters in that report, and the plaintiff and the first defendant for himself and as guardian of the second defendant signed this statement. In this report the 3 Panchayatdar apparently exceeded his powers as a single arbitrator by fixing the amount of mesne profits to be paid after the date of the award.

(3.) On 13 December 1915 the District Judge (Mr. Roy) passed orders on this report but omitted (apparently by oversight) to specifically direct a decree to be drawn up in accordance with the award and the report.