JATINDRA NATH BHATTACHARYYA Vs. MANINDRA NATH BHATTACHARYYA

JUDGEMENT

(1.) This appeal arises out of a suit for possession of a small plot of land measuring about 15 cottahs.

(2.) The litigants are two brothers and after the filing of the suit there was a reference to arbitration. The arbitrators made an award and a decree followed upon that. There was an appeal against that decree on the ground that the reference itself was bad and no decree could follow upon that award. The Subordinate Judge upheld the decree of the. Munsiff. The present appeal is by the plaintiff and his case is that the decree should be vacated on the ground that the reference to arbitrators was initially illegal and therefore the arbitrators had no jurisdiction to make an award.

(3.) The facts upon which this contention is put forward are these : The case was filed on the 27 April 1923. On the 28 April 1923 an application was filed in Court by the plaintiff and the defendants which was headed as an Agreement to refer . In that document it was stated that there are disputes between the parties in connexion with the laud in the above suit as also other lands and to settle disputes with regard to the said suit as also other matters, we do hereby appoint Babu Mohendra Nath Maiti, Srinath Samanta and Basanta Kumar Sarkar, pleaders.