Judgment

WANCHOO, J. : This is an appeal on a certificate granted by the Bombay High Court. An application was filed under S. 20 of the Arbitration Act, No. X of 1940, (hereinafter referred to as the Act) by the two respondents against the appellant praying that the arbitration agreement dated February 27, 1953 may be filed in court, arbitration be made accordingly, and thereafter a decree in terms of the award made by the arbitrator be passed.

2. The circumstances in which the application was made were these. There is a forest in village Done, which belonged to three persons, namely, Madhav Prabhakar Oak, respondent No. 1, (hereinafter referred to as Oak), Babaji Chandrarao Rane, uncle of the second respondent (hereinafter referred to as Babaji), Gajanan Babaji Rane (hereinafter called. Gajanan). Oak had six annas share in the forest, Babaji eight annas share and Gajanan two annas share. It may be mentioned that Gajanan s share was purchased by the appellant in November 1944. On October 22, 1948, a partnership agreement was arrived at between Babaji, Oak and the appellant for cutting the forest. The value of the forest for the three owners was fixed at Rs. 60,000 which was to be div