JUDGMENT

DUTT, J. :— These two appeals by special leave have been preferred by the appellants against the judgment of a learned single Judge of the Allahabad High Court. By the said judgment the learned Judge set aside the order of the District Judge, Meerut, passed by him on appeal under S. 39 of the Arbitration Act, 1940, upholding the order of the First Civil Judge, Meerut, and the Award of the Arbitrator made under section 12 of the U. P. Consolidation of Holdings Act, 1954, hereinafter referred to as the Consolidation Act.

2. One Kurey was the owner of the zamindari property in Khewats Nos. 23 and 34 and also in Khewat No. 2, comprising the disputed plots of land in village Daha. On his death, the zamindari property devolved upon his daughter, Sona Devi. By a registered deed of sale dated December 21, 1935, Sona Devi sold the zamindari property to one Hoshiara, the predecessor-in-interest of the appellants, and also to one Abhey Ram. Out of the consideration of Rs. 3,150/-, Sona Devi was paid only Rs. 1,300/- in cash before the Sub-Registrar and the balance of the consideration money was kept in deposit with the purchasers for payment under three usufructuary mortgage deeds ex