N.C.MUKHERJI, A.K.SINHA
RAM KRISHNA TARAFDAR – Appellant
Versus
NEMAI KRISHNA TARAFDAR – Respondent
( 1 ) THESE three appeals are taken up together for the sake of convenience as they arise out of several execution proceedings started by some of the co-sharers for enforcement of the final decree based on an Award given by the Arbitrators effecting partition of joint family properties.
( 2 ) THE common case of all the parties briefly is that in or about 1945 a suit was filed by one Sunil Krishna Tarafdar one of the co-sharers against other co-sharers for partition of joint family properties including several businesses which was eventually referred to arbitration. On or about 16th April, 1951, the Arbitrators filed their Award effecting partition of all the properties including several businesses amongst five groups of co-sharers. On or about 22nd December, 1952, a final decree was passed in terms of the Award but it was actually drawn up, signed and sealed after about lapse of 16 years i. e. on or about 31-5-68. The material portion of relevant Award for the purpose of present cases thus confirmed by the final decree provided, inter alia, as follows:i. The plaintiff Sunil Krishna Tarafdar would pay owelty money in respect of his allotment of a portion of the pre
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