RAM BAHADUR JHA Vs. SREE KANT JHA

JUDGEMENT

(1.) This is an appeal by defendant 1 from an order of the learned Subordinate Judge of Darbhanga directing, that a certain, award should be filed and a decree prepared in terms of the award. One Nena Jha had four sons, namely, Palakdhari, Dhanusdhari Srikant (plaintiff 1) and Radftakant. Radhakant died in 1302 P. in a state of jointness with his brothers leaving surviving him only his widow Sardha Ojhain. Palakdhari died in 1388 F. leaving surviving him his son, defendant 1. Plaintiff 1, defendant 1, and Dhanusdhari desired to separate and partition their properties, and on 24 March 1938, they executed a registered deed by which they appointed Chandrakant Jha, Devnarain Chaudhury, Anirudh Chaudhuri and Babuji Rai as arbitrators to divide their joint properties. The arbitrators made their award on 16 October 1939, which was registered on 22 December, 1989. Plaintiff 1 together with his sons who constiuted one branch of the family thereupon brought the suit out of which this appeal arises for an order that the award should be filed and a decree passed in its terms.

(2.) The main contesting defendant was defendant 1 (the present appellant) who raised all kinds of objections to oppose the filing of this award. His main contentions were that the reference to arbitration was illegal and that the application for filing the award was not maintainable as persons not parties to the reference had been impleaded in it. He also contended that the award was illegal as the sittings of the arbitrators were not attended by all of them and that he was not informed of the sittings held by them.

(3.) He also alleged that properties, both moveable and immovable were left joint and the patties were carved out without any raibandi having been fixed. He further alleged that the arbitrators came to a decision without recording evidence on the basis of confidential and private inquiries made by them. There was also an allegation that the award was given by the arbitrators in collusion with Babuji Rai and further that it was given after Dhanusdhari, one of the parties to the reference, had died. The learned Subordinate Judge rejected all the contentions of defendant 1 and held the award to be good and directed it to be filed and ordered that a decree be prepared in its terms.