Judgment

CHINNAPPA REDDY, J. :- Two brothers. untouched by any trace of fraternal affection, have been waging war in the Courts without grace and with sheer cantankerousness for over thirty years. Mathu, their father, died in February, 1944 having executed a will on 11th January, 1935. By the will Mathu made dispositions of various properties and directed the two brothers to take the residuary estate in equal shares. In 1946 Mathukutty, respondent herein instituted the suit out of which the present appeal arises for partition of the residuary estate. The defendant-appellant entered appearance in the suit and, without filing a written statement, filed an application under Section 34 of the Arbitration Act seeking stay of the proceedings in the suit. Along with his application under Section 34 of the Arbitration Act the appellant filed Exhibit A-I dated 19th December, 1945 claimed to be an arbitration agreement and Exhibit A-40 dated 23rd January, 1946, a compromise said to have been filed before the arbitrators during the pendency of the arbitration proceedings. The plaintiff-respondent denied the genuineness of Exhibits A-1 and A-10. The trial Court allowed the defendants applicatio