Judgement

SABYASACHI MUKHARJI, J. :- Special leave is granted. The appeal arises from the judgment and order of the High Court of Delhi dated 16th May, 1986 whereby the award of the Arbitrator was adjudged incapable of being made rule of the Court and no decree in terms thereof was passed under S. 17 of the Arbitration Act, 1940, (hereinafter called the Act). The High Court, however, held that the award was not liable to be set aside but only that it could not be made a rule of the Court.

2. In order to appreciate the contentions urged, it is necessary to note few facts. The father of the parties involved in the matter, Shri S. Lal, died on 13th November, 1975 leaving behind him his two daughters, Mrs. Sudha Vasisht and Miss Shail and Capt. (now Major) Ashok Kshyap, the son. The wife of the said deceased Shri S. Lal pre-deceased him. Mrs. Sudha Vasisht is the eldest child and Major Kshyap is the youngest, who is the son. Mrs. Sudha Vasisht is married, Miss Shail is a spinster and Major Kshyap is also married. The said S. Lal left only one immovable property, namely, premises No. F-4, Green Park, New Delhi and some movables including about Rs. 8,000/- in the Punjab National Bank, Gre