Judgment

SIKRI, J. : This appeal by special leave is directed against the judgment of Dhavan, J., in Civil Revision No. 1209 of 1957. The learned Judge, following Sarju Prasad v. Civil Judge Farrukhabad, ILR (1959) 1 All 354: held that an order of the Court on an objection against an award made under S. 12 (4) of the Uttar Pradesh Consolidation, of Holdings Act (U. P Act V of 1954) (hereinafter called the Act) was appealable under S. 39 of the Arbitration Act (X of 1940) Mr J. P. Goyal learned counsel for the appellant, urges that this decision of the Allahabad High Court is wrong

(2) In order to appreciate the contentions of Mr. Goyal, it is necessary to give few facts and set out the relevant statutory provisions. During consolidation proceedings in village Dhara-ki-Garhi a question of title arose. The Consolidation Officer, acting, under S. 12 (4) of the Act, referred the question of title to the Civil Judge, Aligarh, who referred the same to the arbitrator, Shri Vikram Singh, who had been appointed under S. 37 of the Act. Section 12 (4) reads as under :

"12(4). Where the objection filed under: sub-s. (l) involves a question of title and such question has not already been determin