( 1 ) THIS appeal has arisen out of an Arbitration proceeding which was registered as a suit in the circumstances that will appear from what we will recount presently. The present appellant and the respondents are co-sharers of their joint and ancestral properties including a residential house. When disputes had arisen between them regarding enjoyment of the joint properties, one of them, namely, Narayandas De Chowdhury instituted a suit in the Court of Munsif at Kalna over disputes regarding some of the joint properties. That was Title Suit No. 120 of 1957. During the pendency of that suit the parties field an application stating inter alia that they have appointed an Arbitrator for setting the disputes regarding the subject-matter of that suit, and on their prayer that suit was stayed. In fact by an agreement for arbitration between the parties Sri Amrita Lal Mukherjee was appointed as Arbitrator to effect complete partition of all their joint properties. That agreement was executed on 5th of January, 1958. The Arbitrator made his Award concerning properties, value of which was beyond the jurisdiction of the Munsif at Kalna. The Award was Subordinate Judge at Bur