MANIAN Vs. LALA

JUDGEMENT

(1.) This is an application revision from a decree of the Court of Small Causes. The parties are Mahabrahmins entitled to offerings on the death of a client. There was a dispute between the parties which led to an apprehension of a breach of the peace with the result that proceedings under Section 107, Criminal P.C., were started on an application made before a Magistrate. During the course of the proceedings however the parties came to terms and their civil dispute was referred to the arbitration of a single arbitrator under a written agreement: the proceedings under Section 107 were not pressed and were dropped.

(2.) The arbitrator held; that the plaintiff was entitled to half of the offerings and directed that the defendant, who was in possession of the offerings in a particular case, should deliver half of the offerings to the plaintiff. The direction did not go on to provide in express terms for the payment of the value of half of the offerings in case the offerings themselves were not delivered. The plaintiff did not make any attempt to file the awrad but served a notice on the defendant to deliver half of the offerings, which the defendant declined to do. On this the present suit for recovery of half the offerings or in the alternative for the recovery of the price was instituted.

(3.) The claim was resisted on two maim grounds. The first was that the award was incapable of enforcement and the suit did not lie. The second objection was that the agreement had been obtained under undue influence during the pendency of the criminal proceedings. Both these objections have been rejected by the Court below.