DAULATSING BAPUSING RAUL Vs. RATNA ANANDSING

JUDGEMENT

(1.) This is an appeal from the judgment of the District Judge of Khandesh affirming the order of the Subordinate Judge of Nandurbar, who had decreed the plaintiffs claim and directed that they should be put in possession of certain lands for their maintenance.

(2.) There are two main disputes advanced in the appeal before us, namely, first, whether the lower Courts were entitled to come to the conclusion which they did in favour of the plaintiffs having regard to the pleadings in the case and the issues which were raised, and, secondly, whether, in any event, their claim was barred by an arbitration award in favour of the defendant. I will deal with the second point first.

(3.) This arbitration award has been set aside on the ground of the alleged misconduct of the arbitrator in taking into consideration his personal knowledge of the history and customs of the family, in which certain disputes had occurred between the plaintiffs and the defendant, and of which family the arbitrator was himself a member.