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1950 Supreme(Mad) 334

CHANDRA REDDI
Sheikh Esuf Rowther alias A. S. Mohammed Yusuf – Appellant
Versus
Sheikh Davad Rowther – Respondent


Advocates Appeared:
R. Gopalaswami Iyengar, for Petnr and M.S. Venkatarama Iyer and M.C. Rajagopalan, for Resps.

Judgement

JUDGMENT :- This revn petn is filed by the defts against the order of the Dist Munsif of Mannargudi accepting the award passed by an arbitrator in O. S. No. 177 of 1947 and giving a decree in terms of it in the following circumstances. A suit was filed by the pltfs for recovery of possession of properties alleging that they acquired title to two-thirds shares in the paint house under two sale deeds, Exs. A. 5 and A. 6 dated 5-6-1912 and a settlement deed Ex. A. 10 dated 10-1-1947 respectively. The suit was contested by the defts on the grounds covered by the various issues raised in the suit.

2. While the trial of the suit was proceeding, the parties agreed to refer the matter to the arbitration of one Mohamed Abu Bucker, and a memorandum of agreement was filed into Ct setting out the terms of the reference to arbitration. The arbitrator filed his award on 19-11-1948. The learned Dist Munsif without giving any time to the parties concerned passed a decree observing that it was conceded that no question of any time for objections to the award, as in a case of reference through Ct, arose and that no time for objections was asked for. Against this order of the trial Ct accepti




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