GANGA DHAR Vs. INDAR SINGH

JUDGEMENT

(1.) This is a first appeal from order against the decision of the learned Judge of the Court below dismissing the objections raised by the defendant to the validity of an award made by an arbitrator. The facts which have given rise to the dispute between the parties briefly put are these. Indar Singh and Ganga Dhar are two brothers. Indar Singh made an application for partition of mahal Naubat Singh in the Revenue Court. The Revenue Court proceeded with that application and eventually lots were prepared and drawn. It appears that Ganga Dhar, defendant, drew a lot containing properties which were considered to he batter than the properties which went into the other lot. Thereupon Indar Singh applicant prayed the Collector that he may be permitted to withdraw his application. The Collector granted that application in spite of the objections raised by the opposite party. Ganga Dhar preferred an appeal to the Commissioner and was successful in getting an order under which the decision of the Collector was set aside. There was a further appeal by Indar Singh to the Board of Revenue which was however unsuccessful.

(2.) On 10 March 1934 Ganga Dhar and Indar Singh entered into an agreement by which they referred the matters in dispute between them to one Karan Singh who is the husband of their sister. In this reference they stated at one place: Where there is a dispute between us about; the partition of properties moveable and immovable and about the accounts of profits of the property and cash, etc., on account of which there is a danger of litigation in future and which will entail loss and ruin of the parties.

(3.) At another place it is stated, and we agree that whatever the arbitrator decides about the assets (tarka) of Naubat Singh, father of the parties, moveable and immovable properties and profits of the properties and cash, etc, from his sense of justice, the same will be acceptable to us like a decision of the Court and no party shall have any objection at any-case and at any time.