JUDGMENT

Bennett and Ghulam Hasan, JJ. - The suit out of which this appeal arises was brought for a declaration that an arbitration award was illegal and ineffective. The case was tried by "Mr. Abid Raza, Civil judge of Gonda, who disallowed the declaratory relief sought and held that the award could not be declared invalid, but at the same time corrected what he considered to be an inaccuracy in accounting and halved a sum of Rs. 1,680-13-3 which the arbitrator had allowed the Plaintiff Appellant. Learned Counsel for the Appellant says he would not himself describe it as an inaccuracy in accounting and from what Mr. Abid Raza himself says in his judgment it seems to be rather an inadvertent omission, There is no cross objection relating to it, and the order being in the Appellant's favour it is unnecessary for us to deal with this matter.

2. The parties to the arbitration were two brothers, Panna Lal and Jagannath. They executed an agreement on the 25th December, 1937, appointing Babu Shyam Manohar Seth, a Vakil of Gonda, as arbitrator to divide between them their joint property in certain shops. There had previously been a division of house property by another arbitrator and B. Shy