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1950 Supreme(Mad) 154

RAGHAVA RAO
Vengu Ayyar – Appellant
Versus
Yegyam Ayyar – Respondent


Advocates:
K. Sankara Sastri for Petitioners.
T.L. Venkatarama Aiyar for Respondents.

Judgment

The facts connected with this Civil Revision Petition are these: There was a suit for partition before the District Munsif’s Court, Ambasamudram, by one brother against others which was referred to arbitration. The first defendant, the eldest brother, claimed that except items 1 to 5 of the plaint schedule the rest of them, items 6 to 25 were his self-acquisitions standing either in his own name or in the name of his wife, the second defendant. The advocate-arbitrator agreed with the first defendant’s contentions and made an award which the Court however remitted on the ground that it was not clear whether every individual sale in respect of the items in suit was considered by the arbitrator. On remittal the arbitrator gave notices to both the parties. The plaintiff did not turn up with the result that the arbitrator, finding that he could do nothing, sent back the record to the District Munsif. He thereupon took up the objections to the award which had been previously filed, and after examining the arbitrator and the plaintiff found that there was no misconduct about the proceedings of the arbitrator and upheld the award. The plaintiff thereupon preferred an appeal to the














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