Manohar Lall, J.

1. In this appeal by the plaintiffs the only question for determination is whether the registration of an award which is signed by all the arbitrators is invalid by reason of the fact that one of the arbitrators did not appear at the time of the registration.

2. The plaintiffs case was that the lands in suit are the entire khata 35 and 1/4 of khata 46, and were originally in the possession of Kali Prasad Singh, Radhika Singh and Kishun Singh as ryots under the Bettiah Raj, and the remaining 3/4ths belonged to Rameshwar Singh and Mt. Anurago Kuer as ryots under the Raj. In the year 1933, the Raj instituted a suit for arrears of rent for the lands of khata 35 and l/4th land of khata 46, and impleaded as defendants the ryots of both the khatas. In execution of the rent decree the Raj became the auction-purchaser on 27th April 1934, and took dakhaldehani and possession on 15th April 1935. On 17th February 1936, the Raj settled the lands of khata 35 and l/4th of the land of khata 46 with the plaintiffs at an annual rental of RS. 29-11-6, and since then the plaintiffs have continued in possession. In the meantime in the year 1938, a criminal proceeding under Sec.