(PEDDIBHOTLA) VENKATA SUBBAYYA Vs. (BHAMIDIPATI) VENKATARAMANAYYA (DEAD)

JUDGEMENT

(1.) This is an application under Section 115, Civil P.C., to revise the order of the Subordinate Judge of Bapatla making the award passed by the arbitrator in O.S. No. 76 of 1923 a decree of Court. The plaintiff's suit was for a declaration of his title to the properties in the schedule together with mesne profits. There were nine defendants in the suit. Defendants 6 to 9 were alleged to be lessees of the properties holding them from the other defendants. A decree for mesne profits was also asked for in the plaint. After the issues were framed in the course of the suit, the plaintiff and defendants 1 to 5 put in a petition asking the Court to refer the subject matter of their dispute to the decision of an arbitrator under para. 1, Son. 2, Civil P.C. They appointed one Suryanarayana of Bezwada as arbitrator for the purpose of enquiring into and deciding upon the allegations in the plaint and in the written statements

(2.) and they undertook that they shall without filing an appeal etc, abide by the award which the said parson shall give either after holding an enquiry or without an enquiry.

(3.) In due course the arbitrator passed an award and an application was made to the Subordinate Judge to make it a decree of the Court. Objections were filed by defendants 1 to 5. One of them was that the award should not be accepted for the reason that the arbitrator heard evidence of the plaintiff in the absence of the defendants. The learned Judge overruled this and the other objections and passed an order which is the subject matter of this petition.