Kishan Kaul, J.— (Oral)

1. The “Gupta” family was carrying on business under a partnership firm known as Deoki Nandan & Sons. Disputes arose inter se the family members including qua immovable property where the parties were residing known as 1, Tughlak Lane, New Delhi. A reference was made vide order dated 18.11.1985 in Suit No.2164A/1985 for resolution of disputes to the sole arbitration of Mr. Justice Jaswant Singh (Retd.) who made and published an award dated 8.6.1988. One of the issues framed before the arbitrator was as under:

“7. Whether equal physical division of the property namely I-Tughlak Lane, New Delhi amongst four parties with separate titles is possible/equitable? If not, in what manner it can be best sold/disposed off? (Onus on parties).”

2. The findings on this issue were recorded by the arbitrator after obtaining a report from an architect as also a response from the Land & Development Office, Government of India, being the perpetual lessor. The result of the aforesaid was that the land was found earmarked for group housing building and sub-division of the plot was not permitted. It was, thus, opined by the learned arbitrator that equal physical division a