Kania, C.J.-The relevant facts in these two appeals are these By a registered agreement dated the 15th August, 1938, three brothers, Kunja Lal, Tirtha Lal and Nanilal, members of a Dayabhaga joint Hindu family appointed Dr. Nanilal Bhattacharjee, their family physician, as an arbitrator for partitioning the family properties. The arbitrator was authorised to make allotments in favour of the brothers as he considered proper, upon a consideration of the convenience and accommodation, so far as possible, of each one of them and, if necessary, by making provisions for payment of money to equalise values. The reference paper further stated that none of the parties or their representative in succession could object to the arbitration. The arbitrator was authorised to make his award in instalments. He was authorised to make his award within six months, but if more time was necessary to complete the work of partition, the arbitrator was entitled to extend the time by giving the three brothers intimation or notice.

The family owned lands in different districts in Bengal, a residential house and certain shares in joint stock companies. On the 3rd September, 1938, the arbitrator asked