LAWS(PVC)-1919-2-71

SRICHARAN BHANDARI Vs. MAKHAN LAL BHANDARI

Decided On February 13, 1919
SRICHARAN BHANDARI Appellant
V/S
MAKHAN LAL BHANDARI Respondents

JUDGEMENT

(1.) This appeal arises out of a suit brought to recover a certain parcel of land on establishment of the plaintiffs title. The plaintiffs case was that when the plaintiffs father and the father of the defendant separated in 1281, the parcel of land now in question fell to their father s share on partition

(2.) The decisions of the Courts below proceed largely on what is described as an award made by certain arbitrators on the 21st Chait 1281.

(3.) The objections taken to this award before us are that out of 9 arbitrators who were appointed by the parties only 8 have signed the award; secondly, that they did not exercise their judgment as arbitrator! but merely recorded an arrangement amicably arrived at between the parties; thirdly, that it is thus a deed of partition the registration of which is compulsory; and lastly it is contended that a certain mortgage bond has been improperly admitted in evidence.