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1933 Supreme(Mad) 136

RAMESAM
Kandaswami Goundan deceased – Appellant
Versus
Venkatarama Goundan – Respondent


JUDGMENT

Ramesam, J.

1. The facts out of which this appeal arises may be briefly stated. Defendants 1, 2 and 3 are brothers. Defendants 4 to 7 are the sons of one or other of these three brothers and their rights follow that of their fathers, and it is unnecessary to make any further reference to them. The father of defendants 1 to 3 died in May, 1912. It is the 1st defendants case that, soon after, the brothers entered into an agreement to refer the disputes relating to their family properties to certain arbitrators. The arbitrators passed an award dated the 30th November, 1912, Ex. 1. Defendants 2 and 3 would not recognise the validity of this award or submit to it on the ground that two of the arbitrators did not act. The 1st defendant thereupon filed an award in Court seeking to make it a rule of Court. This petition was filed as O.S. No. 112 of 1913 on the file of the Court of the District Munsif of Tirupattur. The plaint is Ex. O. The District Munsif dismissed the plaintiffs suit or, in other words, refused to make the award a rule of Court. Vide Ex. O. (1), dated the 29th January, 1914. Thereupon defendants 2 and 3 executed a sale deed of their two-thirds share of the family l







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