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1933 Supreme(All) 321

Bharat Singh – Appellant
Versus
Birbahadur Singh – Respondent


JUDGMENT

Kendall, J. - This is an application for the revision of an order of the Additional Munsif of Deoria giving a decree to the plaintiffs in terms of an award. The application is made on behalf of the plaintiffs and the award gives them a decree for Rs. 100. The circumstances are as follows. The plaintiffs who are four in number sued the defendants.--

(1) for possession of part of a house,

(2) if this should fail for possession and 1 biswa odd in plot No. 77 and Rs. 200 damages,

(3) possession of land in plot No. 78 after the demolition of the constructions made thereon by the defendants, and

(4) Injunction.

2. The defendants denied the plaintiffs' title and their right to any relief. The matter was referred to the arbitration of three gentlemen, two of whom were counsel for the plaintiffs and the defendants respectively, and the third was an outsider. There was no written application for a reference to arbitration, but the order sheet shows that the parties and their vakils were present and some of them signed the order referring the case to the arbitrators. The order shows that the case was sent to the arbitrators for decision and that whatever decision the arbitrators arrived at

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