JUDGMENT

K. RAMASWAMY, J. :- Leave granted.

2. While the appellant was in Govt. service, Kartar Lal (first defendant in the suit), his brother had purchased on April 7, 1959 the house bearing Municipal No. 313, with land admeasuring 222 sq. yards in Karol Bagh from the Ministry of Rehabilitation. On January 22, 1963 the sale certificate was issued in favour of Kartar Lal. Finding it exclusively in the name of Kartar Lal, the appellant raised a dispute which was referred to named private arbitrators for resolution. The two arbitrators by their award dated October 16, 1963 declared that :

"We award that Shri Sardar Singh is the owner of half house bearing Municipal 313, Ward No. XVI situate at Gali No. 10, Faiz Road, Karol Bagh, New Delhi, from the date of purchase of the said house, i.e. from 7-4-1959 as he paid Rs. 18,100/- to Shri Kartar Lal in the shape of claim bonds valued at Rupees 11,560.00 and Rs. 6,540.00 in cash towards the purchase price of the said house and Shri Kartar Lal paid half of the price of the said house in the shape of claim bond and cash. The price of the said house was contributed half and half by both of them. Though, the sale deed was taken by Shri Kartar La