JUDGMENT:- This appeal arises out at an order passed by the lower court dismissing an application filed by the appellants herein, who are defendants 1 and 2 in the suit, under S.34 of the Arbitration Act, 1940, for stay of the suit, O. S. No. 82 of 1975 on the ground that there is an arbitration agreement between the parties to the suit.

2. Respondents 1 to 4 have filed a suit for partition and separate possession of threefourth share in the suit properties belonging to respondents 1 to 3 and for recovery of maintenance said to be due to the 4th respondent. Respondents 1 to 3 and the appellants are brothers, being the sons of one Arunachala Chettiar who died leaving considerable properties. The 4th respondent is the widow of the said Arunachala Chettiar while respondents 5 and 6 are the wives of appellants 1 and 2 respectively. The said Arunachala Chettiar had executed a Will on 6-11-1958, bequeathing his properties equally in favour of all his sons. As no provision was made in the said will in favour of his wife, she disputed the Will in O. S. 32 of 1959. However, the said suit was compromised between the parties by the 4th respondent agreeing to receive maintenance at the