M. C. DESAI, J. :-

This is an appeal from an order of a Civil Judge, Banaras, refusing to set aside an award of arbitrators and passing a decree on its basis in Suit No. 54 of 1947. The pedigree given below shows the relationship existing among the parties to the appeal:

(See relationship on next page.)

In 1841 the descendants of Kanhaiya Lai through his son and daughter, who naturally were members of two families started a joint money business in the name of Mathura Das Krishna Das. In the evidence this business is referred to as "Kothi business". On 24-6-1934 the firm Mathura Das Krishna Das got itself registered as a partnership firm under the same title.

Later it started two more businesses, (1) in Kalabattu and (2) in Banarsi Saris; the Kalabattu

business was known as Kumar Kalabattu Karkhana (named after Amod Kumar) while the Banarsi Saris business was known as Jagarnath Das Barman, and was in partnership with a stranger to the family named Jiwan Das. On 22-11-1935 Jiwan Das, who was the working partner, died and the firm Jagarnath Das Barman was dissolved though the business in Banarsi Saris continued in the hands of the firm Mathura Das Krishna Das.

In 1935 the members