The appellants are the plaintiffs, who sued the two defendants on 25th June, 1948, for a permanent injunction restraining them from opening a doorway into an alleged private lane belonging to them and for a mandarory injunction directing the removal of a wall which encroached on their site. This appeal arises out of a reference to arbitration outside court subsequent to the filing of the suit, which degenerated into a regrettable fiasco as between the arbitrators themselves, three of them giving the lie direct to the fourth arbitrator one S. Rattiah. The learned District Munsif accepted the evidence of three arbitrators examined for the plaintiffs as P.Ws.1, 2 and 3 that there was an award in writing signed by all the four arbitrators and decreed the suit in accordance with a copy kept by P.W.1. The finding on their evidence was that Rattiah suppressed the signed award. The learned Subordinate Judge in appeal preferred to believe Rattiah and remanded the suit for fresh disposal.

The relevant facts briefly are these. The suit was preceded by the usual preliminary, canter in the Magistrate’s court. The first defendant, who is a woman, one Venkatachellamma, bought a site next