Mr. K. Ramaswamy, J.

( 1 ) WHILE the appellant was in Govt. service, Kartar Lal (first defendant in the suit), his brother had purchased on April 7, 1959 the house No. 313, with land admeasuring 222 sq. yards in Karol Bagh from the Ministry of Rehabilitation. On 22. 1. 63 the sale certificate was issued in favour of Kartar Lal. Finding it exclusively in the name of Kartar Lal, the appellant raised a dispute which was referred to named private arbitrators for resolution. The two Arbitrators by their award dated 16. 10. 63 declared that:

"we award that Shri Sardar Singh is the owner of half house bearing Mun, No. 313. Ward No. XVI situated at Gali No. 10, Faiz Road, Karol Bagh, New Delhi, from the date of purchase of the said house, i. e. from 7. 4. 59 as he paid Rs. 18, 100. 00 to Shri Kartar Lal in the shape of claim bonds valued at Rs. 11,560. 00 and Rs. 6,540. 00 in cash towards the purchase price of the said house and Shri Kartar Lal paid half of the price of the said house in the shape of claim bond and cash. The price of the said house was contributed half and half by both of them. Though, the sale deed was taken by Shri Kartar Lal in his name Benami but actually Shri Kartar La

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