( 1 ) THIS appeal at the instance of the decree-holder plaintiff arises out of an order passed by the learned Sub-Ordinate Judge, 4th Court, Alipore. The short fact arising out of an order is that there was an agreement between the Rajasthan Insurance Co. Ltd. , and Gadadhar De of 3, Robinson Street, Calcutta and G. Dey and Co. and Union Estates Ltd. , of 184, Dharmatola Street, Calcutta on or about 1949 and in the said agreement there was a clause for arbitration. It appears that Gadadhar and others took a loan for certain sum of money but as the arbitrator was appointed by the parties, the arbitrator gave an award to the effect that Rajasthan Insurance Co. Ltd. , shall be entitled to the sum of Rs. 15,000/- as principal and Rs. 5140/- as the balance of interest aggregating the sum of Rs. 20,140/- as against the said Gadadhar De and the said sum of Rs. 20,140/- shall carry interest at the rate of 6% per annum from the date of the award until payment. It was further awarded that all the three houses Nos. 4, 5 and 6 as mentioned above will be, subject to the claim, awarded and that if the awardee does not pay the purchase money the three houses will be sold. The money