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1968 Supreme(Cal) 198

B.C.MITRA, D.N.SINHA
DHIRENDRA NATH SEN – Appellant
Versus
SANTASILA DEBI – Respondent


SINHA, C. J.

( 1 ) THIS is an appeal against the judgment and order of Masud J. dated 14-9-1967. The facts are briefly as follows: By an order dated November 29, 1954 certain disputes were referred to sole arbitration of the late Dr. Radhabinod Pal. On May 27, 1955, the arbitrator made his award. Judgment on award was passed on May 22, 1956. The award related to the adjudication of certain disputes between members of the same family. The relevant clause in the said award is Clause (10) which runs as follows:"10 (a) That 1. Sri Dhirendra Nath Sen 2. Sri Priya Nath Sen 3. Sri Anadi Nath Sen 4. Sri Jitendra Nath Sen 5. Sri Satyendra Nath Sen 6. Sri Fanindra Nath Sen 7. Sri Rabindra Nath Sen shall each pay severally to Smt. Santasila Debi the sum of Rs. 5000 (five thousand) each (in all Rs. 35000 thirty five thousand) in full satisfaction of her claim to the dividends from the New India Glass Works (Calcutta) Ltd. , upto the close of the year 1945-46 as also in full discharge of her claim in respect thereof from the joint family. (b) That each of the seven brothers named above shall pay to Sm. Santasila Devi the amount thus declared payable by him in five equal quarterly instalments o
















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