( 1 ) THIS first appeal arises out of an application given under Section 14 of the Arbitration Act. It appears that on 23-9-1948, parties executed a deed of agreement by which they appointed Nawah sajjad Alt Khan as arbitrator to decide the dispute between them regarding the moveable property left by Zohra Begam deceased, the mother of the parties. There was also a provision in this agreement that in case Nawab Sajjad Ali Khan refused to act as an arbitrator, Maulana Ibne hasan should act as an arbitrator. Under the aforesaid agreement Nawab Sajjad Ali Khan entered on reference on 19-10-1948. He took the necessary proceedings as an arbitrator under the arbitration Act. Some time in January 1949, however, Nawab Sajjad Ali Khan refused to act as an arbitrator. Under the terms of the agreement, therefore, Maulana Ibne Hasan, who was to act as an arbitrator in case of the refusal of Nawab Sajjad AH Khan, became the proper person to act as an arbitrator. Accordingly, Maulana Ibne Hasan, entered on reference on 19-1-1949. He delivered his award on 18-5-1949,. e. within four months of his entering on reference to arbitration. On 2-6-1949. an application was given under the A