This is an appeal under S. 39 of the Arbitration Act against the judgment and decree of the learned District Judge Srinagar dated 3-10-64 whereby he has refused to set aside an award passed by Shri M. M. Siddiqi, late Financial Commr. of the State dated 12-12-61.

The history of the litigation is that there is a holy shrine of Hazrat Makhdoom Sheikh Hamza on the Hari Parbat hillock, held in great esteem by the residents of Kashmir. The saint is alleged to have been born in the year 900 Hijri and passed away in the year 964 Hijri. He had no issue of his own, but it is alleged that he adopted one Mohd. Ali. His brother was one Baba Ali Raina. Descendents of Mohd. Ali, his adopted son, are called Pir Sabiban Pain and those of his brother, Baba Ali Raina, are called Pir Sahiban Bala. Both these Pir Sahiban are called Baba Sahiban also. As is usual at such shrines the devotees go to make their offerings in cash and kind. People in charge of the holy shrine contend for the income which thus accrues in the name of the holy shrine

In this case according to Shri M. M. Siddiqi, the arbitrator, the first dispute arose between the above mentioned two sets of Pirs and was finally d