YESHWANTRAO GANPATRAO Vs. DATTATRAYARAO RAMCHANDRARAO

JUDGEMENT

(1.) THIS is an appeal against a decree following against an award with certain modifications under Para. 21, Schedule 2, Civil P.C., (Act 5 [V] of 1908). The Arbitration Act does not apply to this case and the matter falls within Schedule 2, Civil P.C.

(2.) THE parties to this suit had certain disputes regarding the division of their property. They were members of a joint Hindu family and the defendant was the jahagirdar of a jahagir estate in the Gwalior State. The defendant desired partition, and as the parties were unable to agree regarding several matters incidental to the partition, they decided, with the assistance of the Home Member of the Gwalior State, to refer their disputes to arbitration. The reference is Ex. P2 and is dated 30th April 1935. This was a reference made before the matter reached the Court and accordingly falls within the purview of Schedule 2, Civil P.C., dealing with references without the intervention of the Court.

(3.) THE award was ordered by the lower Court to be filed and a decree followed in terms of the award, with however one variation. The lower Court held that the question of maintenance was beyond the competence of the arbitrators. It further held that this question was separable from the rest, and accordingly struck out this part of the award.