HANSRAJ Vs. SUNDAR LAL AND DWARKA DAS

JUDGEMENT

(1.) The parties to these two appeals or their predecessors in title have been in litigation now for more than twenty years. The subject of litigation is the property of a joint Hindu family engaged in business, with branches in different parts of the country. Part of the family property is situated in British India ; part in native States. The litigation Avas begun, in 1886, in the Court of the Political Agent at Sehore, in Bhopal, by a suit for partition of so much of the family property as was within his jurisdiction. The next proceeding was a suit for partition, commenced in 1888, in the Court of the " District Judge of Karnal, in the Punjab.

(2.) In August 1897, after prolonged litigation, the parties to the Punjab suit nominated Mr. S. Clifford, Divisional Judge of Delhi, sole arbitrator to decide the matters in dispute in the suit. The arbitrator was to determine what joint property moveable and immoveable, except the immoveable property outside British India, was to be partitioned between the parties. The appointment of Mr. Clifford was duly confirmed by the Court.

(3.) The arbitrator finally submitted his award on June 29 1900.