ATMARAM YEKOBA VANI Vs. BHILA GANPAT VANI

JUDGEMENT

(1.) A suit had been filed on behalf of a minor for partition by his next friend Umabai and she shortly after the institution of the suit had given a Mukhtiarpatra in general terms to a male relation. The Mukhtiarpatra did not refer expressly to submission to arbitration. Subsequently, the Mukhtiar, without bringing to the notice of the Court that he was consenting to a reference on behalf of the minor, agreed to a reference to arbitration, and after a considerable time an award was made by a Sirpunch or umpire awarding to the plaintiff a certain portion of the joint family-property.

(2.) The plaintiff on attaining majority declined to be bound by the award.

(3.) The learned Subordinate Judge set aside the award and proceeded with the hearing of the suit and passed a decree awarding to the plaintiff considerably more than he would have got under the award.