KALI CHARAN BANIK Vs. MANI MOHAN SAHA BANIK

JUDGEMENT

(1.) These two appeals arise from two suits. Kali Charan, the appellant, was Plaintiff in one suit, and Mani Mohon, the Respondent, in the other, and each made the other Defendant. The dispute was about a strip of land between their two houses. Kali Charan alleged that the dispute had been referred to arbitrators and decided in his favour, and he asked to have a decree drawn up in accordance with the award. Mani Mohon asserted that there had not been any valid reference to arbitration and claimed a declaration of his title to the strip of land : he also sought for a declaration of his right of way over an adjoining strip of land.

(2.) The trial Court found in favour of Kali Charan, overruling all Mani Mohon's objections to the reference, and holding with regard to the alleged right of way that such user as had been proved was of a permissive nature.

(3.) Mani Mohon appealed: and the learned Subordinate Judge endorsed the Munsif's findings about the right of way, but held that the arbitrators award could not be made the basis of a decree. On this view he ordered that the cases should be remanded for trial on the merits and it is against this order of remand in each suit that the appeals are directed.