SUBBA RAO, C.J. :- This is an appeal against the order of the Additional Subordinate Judge, Neilore, refusing to set aside an award and passing a decree in terms of the award.

2. The relevant facts may be briefly stated. The appellant Veeraswami Chetty and first respondent carried on business jointly in the six concerns described in the award made by the arbitrators. As disputes arose in regard to the settlement of accounts, both the parties referred the disputes by executing a muchilika dated 26th February, 1950, in favour of five named arbitrators. The arbitrators, after making the necessary inquiries by their award, dated 16th May, 1950, decided that a sum of Rs. 10,000 should be paid by the appellant to Varadiah Chetty, i.e., the first Respondent herein.

They also created a charge for the said amount on the two houses mentioned in the award. The first respondent filed the award award in Court along with a petition under section 14 of the Indian Arbitration Act for passing a decree in terms of the award. The appellant filed objections to the award and prayed for setting aside the award. The appellant contended inter alia that the arbirtators were wrong in not settling the