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1938 Supreme(Mad) 274

VARADACHARIAR
Nalam Lakshmikantham – Appellant
Versus
Nalam Ramalingayya – Respondent


JUDGMENT

Varadachariar, J.

1. Some of the plaintiffs in the suit have preferred this appeal against a decree which declined to file an award and embody it in a decree of Court. The parties are descendants of different branches of what may be referred to as the Nalam family which had founded various public charities in the circars. During the period of the first defendants management, disputes arose between them and as a result, a muchilika referring the disputes to arbitration was executed by the parties on 8th June, 1931. Reference was made in the muchilika itself to the questions which the arbitrator was to decide. We may refer in particular to questions 4 and 5, namely, (4) How is the management of the choultry at Rajahmundry by the first defendant from 1919 up to date? How is the management of the Dharmakarthas of the other charitable institutions for the past 12 years? (5) What is the nature of the scheme to be framed regarding the future administration of the said institutions? The arbitrator passed an award on 10th January, 1932 and stated it as his conclusion that the first defendants management of the choultry had not been blameworthy. As regards future management, he drew u







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