NANI BALA SAHA W/O NARAYAN CHANDRA SAHA Vs. RAM GOPAL SAHA, MINORS, REPRESENTED BY PLEADER GUARDIAN BABU KUMAR GURUKRAMA MOZUMDAR

JUDGEMENT

(1.) Two persons Patit Paban Saha and Narayan Chandra Saha, were co-owners of extensive properties. The former died leaving him surviving his widow, Mon Mohini and two minor sons, Ram Gopal and Gour Gopal, and the latter died leaving a widow, Nani Bala, as his heiress. The heirs of Patit Paban and Narayan Chandra did not pull on well. Their differences, or it may be the differences between their supporters and advisers, became very acute with the result that towards the end of 1940 proceedings under Section 107, Criminal P. C, were started in the Court of the Sub-divisional Magistrate of Magura. The parties to the criminal proceedings were Becharam Saha and Mon Mohan Saha, Kiran Chandra Bandopadhya, Chhodau Sardar, Surendra Kumar Saha and Bhupati Ch. Saha, officers, relations and partisans of the aforesaid heirs of Patit Paban and Narayan Chandra. The Sub-divisional Magistrate having formed the opinion, and we think rightly, that the continuance of those proceedings would not be conducive to the interest of the family, which consisted of ladies and minors, but would Only further the selfish interest of outsiders suggested a settlement of the disputes and differences relating to the property and affairs of the family through arbitration. The parties accepted his commendable suggestion and agreed to the arbitration of two pleaders, Mr. Satish Chandra Bose and Mr. Kanti Chandra Biswas. Thereupon the learned Magistrate recorded the following order on 4 December 1940: Both parties pitch upon (1) Satish Ch. Bose and (2) Kanti Oh. Biswas as the arbitrators. They will abide by the decisions of the arbitrators. An agreement to that effect will be filed to-morrow. Parties will please rateably share the costs incurred by the arbitrators as also their fees.

(2.) The agreement for reference to arbitration was thereafter executed not by the heirs of Patit Paban and Narayan Chandra but by the persons who were the parties to the criminal proceedings and whose names we have mentioned above. On 15 December 1940, the learned Magistrate recorded the following order: Copy with the two agreements--one executed by Kiran Chandra Banerjee and three others and the other executed by Becharam Saha and another --forwarded to Babu Satish Chandra Bose, Pleader, Magura, for favour of information and necessary action. The case has been adjourned to 17-12-1940.

(3.) On receipt of the papers referred to in the above order the two pleaders expressed their willingness to act as arbitrators. They started with an order-sheet headed thus: Award and proceedings in Case No. 32/M of 1940 under Section 107, Cr. P. C. Emperor versus Becharam Saha and another -- 1 party Surendra Nath Saha and 2 others -- 2nd party.