HARILAL AGRAWAL, J.

1. This is an application by the defendant against whom an award has been made a rule of the Court at the instance of the original plaintiff who died during the pendency of the case in the lower appellate Court and was substituted by the present opposite parties.

2. Both the parties are descendants from a common ancestor and when a dispute cropped up between them for division of the landed properties, they entered into an arbitration agreement on 30th June, 1962, for getting the dispute resolved by four named arbitrators. The arbitration agreement was also registered. The arbitrators entered upon the reference on 15th July, 1962, and then after taking evidence, gave their award on 18th April, 1963, which was also scribed on stamp-paper on 3rd July, 1963 and registered on the same day. There has been some difference between the parties as to whether on 18th April, 1963, when the decision of the arbitrators was announced, it was already drawn up on a paper or not but, however, in view of the questions that have been raised before us, this fact has no relevancy. Baldeo Mahto, the ancestor of the opposite parties, then filed a title suit, being No.164 of 196