Judgement

Appeal (No. 17 of 1928) from a decree of the High Court (May 28, 1925) reversing a decree of the Subordinate Judge, Fourth Court of Dacca.

The plaintiffs-respondents by their plaint claimed a declaration that they were entitled to a 3 annas 12 gandas share in a hat (market) known as Taltola Hat under an arbitrators award and an agreement, dated January 23, 1917; or, if the award and agreement were unenforceable, they claimed as purchasers a 10 annas share of the property against some of the defendants.

Among the issues settled were whether the award and agreement were valid and enforceable.

The Subordinate Judge held that the reference to arbitration and the agreement were made to stifle a prosecution for a non-compoundable offence, and therefore were contrary to public policy and unenforceable ; on the alternative claim he made a decree for a 1 anna 4 pies share in certain plots.

On appeal the High Court (Walmsley and Ghose JJ.) held, on grounds which appear from the present judgment, that the award and agreement were valid, but that they bound only some of the defendants, against whom the Court decreed the plaintiffs a 3 anna 12 gandas share of the property.

1929. Nov.