( 1 ) THIS is an application against an order of Sri Murtaza Husain, Civil Judge, Shahjahanpur, rejecting the applicants objections against an award made by an arbitrator, and pronouncing judgment in terms of that award. The facts which have led to this appeal are these. The applicant seth Shambhu Nath and the respondent Smt. Surja Devi belonged to the same family and appear to have been joint at one time. There was a partition of the joint family property as a result of which one shop, the property in dispute, is alleged to have been allotted to the respondent Smt. Surja Dev. In May 1949, the applicant Shambhu Nath occupied the shop, presumably claiming ownership. This naturally led to a dispute between him and Smt. Surja Dev. The prospect of litigation between two members of the same family was unpleasant for both of them and they agreed to have the dispute settled by arbitration. A Government official, Sri Bhagwati Prasad Singh, the then Addl. District Magistrate, Sitapur, was selected as arbitrator. In the preamble to the arbitration agreement, which was read out in Court by learned counsel for the applicant, it was stated that this official was selected becaus