PAYYAVULU KESANNA Vs. PAYYAVULU VENGAMMA

JUDGEMENT

(1.) This is an appeal by the defendants in a suit filed by a widow Vengamma in forma pauperis for the recovery of maintenance, stridhanam jewels, and so on, which was referred at the request of both parties to the arbitration of one Rayala Govindappa. Vengamma who was dissatisfied with his award, filed the petition under appeal to set it aside. The learned District Judge, finding that the arbitrator was guilty of misconduct, set the award aside.

(2.) The facts are briefly these : The plaintiff, Vengamma, was the widow of the brother of the first defendant, Kesanna. Defendant 2 is his nephew, and defendant 3 is the plaintiff's step son by her late husband's second wife. Her husband died in 1927, after, according to the averments in the written statement, making a will dated 1 May, 1927, giving the plaintiff 40 acres of land, with which she was satisfied for 11 years, until she filed this suit, in forma pauperis, for maintenance at Rs. 100 a month, arrears of maintenance for 11 years amounting to Rs. 13,200, the recovery of stridhanam jewels or their value estimated at Rs. 4,800, Rs. 2,000 for the construction of a house, and utensils valued at Rs. 150. This is prima facie a very exaggerated claim without the curb of any court-fee, seeking relief of over Rs. 20,000.

(3.) Both the parties joined in a petition under Section 21 of the Arbitration Act, which was in the following brief terms: Both the parties in this suit have agreed to appoint Rayala Govindappa as the sole arbitrator to settle the suit disputes and to abide by his decision. Therefore the plaint and written statements and record may be sent to him for his decision.