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1950 Supreme(Mad) 332

CHANDRA REDDI
Sheik Esuf Rowther alias A. S. Mohammad Yusuf. – Appellant
Versus
Sheik Davad Rowther. – Respondent


Advocates:
R. Gopalaswami Aiyangar for Petitioners.
M.S. Venkatarama Aiyar and M.C. Rajagopalan for Respondents.

Judgment.-This revision petition is filed by the defendants against the order of the District Munsif of Mannargudi accepting the award passed by an arbitrator in O.S.No.177 of 1947 and giving a decree in terms of it in the following circumstances. A suit was filed by the plaintiffs for recovery of possession of properties alleging that they acquired title to two-thirds shares in the plaint house under two sale deeds, Exhibits A-5 and A-6, dated 5th June, 1912 and a settlement deed Exhibit A-10, dated 10th January, 1947 respectively. The suit was contested by the defendants on the grounds covered by the various issues raised in the suit.

While the trial of the suit was proceeding, the parties agreed to refer the matter to the arbitration of one Mohamed Abu Bucker, and a memorandum of agreement was filed into Court setting out the terms of the reference to arbitration. The arbitrator filed his award on 19th November, 1948. The learned District Munsif without giving any time to the parties concerned passed a decree observing that it was conceded that no question of any time for objections to the award, as in the case of reference through Court, arose and that no time for objections was






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