JNANENDRA MOHAN BHADURI Vs. RABINDRA NATH CHAKRAVARTY

JUDGEMENT

(1.) This is an appeal from an order of the High Court of Judicature at Fort William in Bengal, dated 11th December 1930, which set aside an order of the Third Subordinate Judge of Hooghly dated 29 June 1929, and directed that an application for execution of a decree presented by the respondent to the Court of the Subordinate Judge be entertained as an application for execution of an award. The appellants are two of the executors of the will of Rajendra Lal Goswami, who died on 21 August 1917. The testator's widow, Annapurna Debi (since deceased) was also an executrix of the will. The will is dated 18 November 1916, and it was admitted to probate on 19 December 1917. The appellants are residuary legatees under the will. The respondent, the testator's widow, and Radhika Lal Goswami are beneficiaries under the will. Disputes arose as to the construction of the will, and by an agreement in writing, dated 22 December, 1917, the matters in difference were referred to the sole arbitration of Byomkesh Chakravarty. The respondent was then a minor, and was represented by his father and natural guardian, Bhawani Charan Chakravarty.

(2.) The arbitrator made his award on 29 July 1918. The terms of the award more particularly affecting the respondent are contained in Cls. 6 and 10. By Cl. 6 it was declared that the gift to the respondent of the properties mentioned in Schedule Ga to the will was good subject to a charge for the payment of Rs. 13,063- 12-0, and the executors were directed to make over the properties and all documents relating thereto, together with all accounts from the date of the death of the testator, to the respondent's father or such other person as may be appointed guardian of his person and property. By the same clause, it was declared that the respondent was entitled to a life policy mentioned in para. 13 of the will. By Cl.10 the executors were directed to make up an account of all sums received and spent by them, and to hand over the balance to such persons as were declared entitled thereto.

(3.) On 1 August 1918 the arbitrator filed his award in the High Court at Calcutta. The first appellant filed objections to the award, but the parties eventually came to terms, and the award was modified by two agreements. The only modification which might possibly have affected the respondent was that Contained in Cl. 5 of the first agreement, by which it was provided that the properties should be handed over to the respondent's father on his giving security for Rs.12,000 to the satisfaction of the Registrar of the High Court, but this was not carried into effect. The first appellant afterwards applied for a decree to the High Court at Calcutta, and on 14 February 1919 a decree was passed by consent of parties by which it was directed that "the said award as modified by the said terms of settlement ought to be carried into effect, and the same is ordered and decreed accordingly."