Judgment

GAJENDRAGADKAR, J.: These five appeals arise from a partition suit (O. S. No. 91 of 1941) filed by the respondent Subramaniam Chettiar against his brother Ct. A. Ct. Nachiyappa Chettiar and his four sons, appellants 1 to 5 respectively. in the court of the Subordinate Judge of Devakottai, and they have been brought to this Court with a certificate granted by the High Court of Madras under Art. 133 of the Constitution. The principal appeal in this group is Civil Appeal No. 112 of 1955 and the questions which it raises for our decision relate to the validity of the award made by the arbitrators to whom the matters in dispute between the parties were referred pending the present litigation. It would, however, be convenient at the outset to state broadly the material facts leading to the suit and indicate the genesis and nature of the five respective appeals.

2. The appellants and the respondent belong to the Nattukottai Chettiar community and their family which is affluent had extensive money-lending business in Burma. Chidambaram Chettiar, the father of appellant 1 and the respondent, died on August 20, 1926. At the time to his death the respondent was an infant 6 years of age