Judgement

SABYASACHI MUKHARJI, J. :- Special leave granted.

2. This appeal is directed against the Judgment and order of the High Court of Calcutta dated 19th of June, 1986 in Civil Order No. 2278 of 1985 (reported in AIR 1987 Cal 107). On or about 11th of June, 1977 an unregistered deed of agreement between the four brothers being the appellants Nos. 1 to 4 and their eldest brother. respondent No. 1 was entered into regarding partition of joint movable and immovable properties and the same were referred to three arbitrators, namely, three appellants Nos. 5, 6 and 7 herein. On or about 2nd of July, 1977 the same agreement was rewritten on a fresh stamp paper and the same was registered by which the abovenamed arbitrators were given the option to take assistance of one, two or more persons, The dispute related to certain properties among the brothers in Chinsurah the district of Hooghly in the State of West Bengal. The three arbitrators took the assistance of appellant No. 8 and he functioned and acted as one of the arbitrators.

3. On or about November 28, 1977 the arbitrators explained their award to the parties and made and signed the award. On or about 1st December, 1977 the eldest