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1951 Supreme(P&H) 58

KAPUR
Radha Kishen – Appellant
Versus
Ganga Ram – Respondent


Advocates:
S.L. Puri, for Appellant; N.L. Saluja, for Respondent.

JUDGMENT: This is a plaintiffs appeal against a judgment and a decree of the Senior Subordinate Judge, Amritsar, allowing an appeal against the decree of the Subordinate Judge, whereby he held that a suit could lie on an award, and had decreed the suit.

2. One Ramchand died in 1941 leaving a Will in favour of Ganga Ram. The question of the validity of the Will was agitated in the Probate Court and went up in Letters Patent Appeal to the Lahore High Court which was, on the 30th of May, 1944, decided in favour of Ganga Ram defendant. Sometime in January 1943 there was an agreement to refer to arbitration the dispute between Ganga Ram and the present plaintiff, Radha Kishan, and the award was given the following day which was got registered.

3. On the 23rd of June, 1944, the plaintiff brought a suit for declaration that he is the owner of the property in dispute and therefore entitled to obtain possession of it from the Receiver who had been appointed by the Probate Court, and he also applied for injunction to restrain the defendant from getting the same from the Receiver. In his plaint the plaintiff alleged that an award had been given in his favour by Girdhari Lal, the arbitrator, whi







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