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1973 Supreme(SC) 46

A.N.GROVER, K.K.MATHEW
Brij Gopal Mathur – Appellant
Versus
Kishan Gopal Mathur – Respondent


Judgment

GROVER, J. :- This is an appeal by special leave from a judgment of the Allahabad High Court arising out of certain arbitration proceedings.

2. The following pedigree table will be of assistance in understanding the dispute between the parties :-

On April 18, 1944 a deed of reference was executed referring the dispute to certain arbitrators to effect the partition of the business and of the joint family properties of the following persons who were parties to the said deed of reference (1) Sri Gopal, (2) Kishan Gopal and Brij Gopal his sons (3) Narayana Piari widow of Bishan Gopal the third son of Sri Gopal acting for herself and as guardian of her minor sons Mahabir Gopal and Raghuvansh Gopal (4) Smt. Durgesh Devi widow of Anand Gopal who was the 4th son of Sri Gopal acting for herself and as guardian of her minor son Bhagwan Gopal. The arbitrators gave their award on August 18, 1954 and the same was duly got registered on December 21, 1944. One of the properties allotted to Brij Gopal was in the occupation of Kishan Gopal and according to the award he had to vacate that house and give possession of it to Brij Gopal and others mentioned in the award. The parties were also sig










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