( 1 ) ). The plaintiff and the defendant are brothers. On 15th September 1955 partition of the joint family estate between them was effected. Plaintiff thereafter was running Bidi business. On account of some physical handicap he was unable to run it. Therefore he authorized the defendant to run it on his behalf and executed in that behalf a power of attorney dated 19th September 1956. For 17 years the defendant carried on the plaintiffs business. The plaintiff in 1973 found that the defendant had been mismanaging the business. He therefore cancelled his power of attorney on 23rd March 1973 Disputes arose between the parties in the matter of the plaintiffs business which was run by the defendant for 17 years. They therefore agreed on 6th April 1973 to refer the disputes to an arbitrator. The disputes were referred to the arbitrator. The arbitrator did not make award and therefore that arbitration failed. Thereafter Suit No. 38 of 1974 was filed under sec. 20 of the Arbitration Act 1940 for direction that arbitration agreement be filed in Court. It was decreed. Thereafter disputes were referred to the arbitrator. On 21st September 1977 the arbitrator made his award. O