JUDGMENT

Y.K. Sabharwal, J.-Leave granted.

2. Applications for substitution allowed.

3. The dispute in these appeals relates to the partition of the estate of the family of one Lachiah Setty - one of the wealthiest families in the erstwhile Mysore State. The family had extensive business in Coffee and other commodities. The family possessed considerable movable and immovable properties including Coffee estates. Lachiah Setty died in the year 1936. Despite the desire expressed by him that even after his death, his children should live in harmony, united and without any difference as he felt that the vast properties had been acquired on account of the family remaining united, the disputes started between brothers within about two years of his death, i.e., in 1938.

4. The disputes were referred to three arbitrators for division of the family properties. The arbitrators entered upon reference on 1st April, 1940. The arbitration proceedings were, however, not very smooth. Differences arose with regard to the management of the family properties business. The elder brother Nagappa Setty was disinclined to remain in the family house along with other brothers. He was on one side and other b