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1934 Supreme(Mad) 355

WALSH
Savarala Venkatasubbiah – Appellant
Versus
Kumara Ramiah – Respondent


ORDER

Walsh, J.

1. This revision petition is against an arbitrators award to which objection was made in the lower Court but which was confirmed the plaintiff in O.S. No. 35 of 1929 on the file of the Court of the District Munsif of Madanapalle brought a suit against the defendant on three items : (1) for 12 measures of paddy delivered by the plaintiff to the defendants brother in law, the defendant having promised to pay for the same ; (2) for a debt of Rs. 86-11-0 due by the defendant to the plaintiff in respect of tamarind and sugar candy trade with regard to which the defendant executed a letter dated 25th August 1927; and (3) for three measures of Koru paddy cultivated in the manyam land of the plaintiff. The matter was referred to arbitrators who awarded the full sum to the plaintiff. Objections to the award wore put in but were disallowed.

2. A preliminary objection has been raised that there is no power of revision in this Court in cases where the lower Court has confirmed the decision of the arbitrators and in support the well-known Privy Council case Ghulam Khan v. Muhammad Hassan (1902) 29 Cal. 167, is quoted. At first sight this seems to be a very strong case. The question























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