R.BANUMATHI,J. - (1.) This appeal has been filed by the appellant against the final order and judgment dated 01.06.2006 passed by the High Court of Rajasthan at Jodhpur in SB Civil Miscellaneous Appeal No.180 of 1989 in and by which the High Court allowed the appeal of the respondents and made the arbitral award between the parties the rule of the court.
(2.) Balwant Singh and Dungar Singh are real brothers. After the death of their father-Jeet Mal Jain, disputes arose between them regarding partition of family properties. The parties decided to settle their dispute amicably through arbitration proceedings. Vide agreement dated 23.11.1981, they have appointed Shri Fateh Lal, Kiran Mal and Sensh Mal as arbitrators for partitioning immovable properties, shares and jewellery. These arbitrators were also close relatives of the parties. The arbitrators Shesh Mal Pagaria is brother-in-law of Dungar Singh, Shri Kiranmal Swansukha is co- brother of Balwant Singh and Fateh Lal Hingad is a close relative of the parties. The arbitrators passed award dated 23.11.1981 mentioning therein that the decision given unanimously by the three of them will be binding on both the parties. By this award, the arbitrators had given the following decisions:- "In the house situated at Babelon Ki Sehri, except for the one house which is on the left side of the pole and is known as Popat Wala House, all other houses will belong to Shri Dungar Singh Ji Babel. After giving the benefit of all the houses to Dungar Singh Ji, plot admeasuring 80× 40 situated in Mehtaji Ki Badi and Papat Wala House and plot located in Babelon Ki Sehri will remain with Shri Balwant Singh Ji. Whole agricultural land will remain with Shri Dungar Singh Ji and Shri Dungar Singh Ji will give Rs.9,000/- to Balwant Singh Ji. According to the list of jewellery placed in bank locker, "Baju" will remain with Shri Dungar Singh Ji and "Kangania" ­ (two) will remain with Shri Balwant Singh Ji. The remaining gold and silver jewellery will be given to both of them in equal parts. Capital that has been received from the shop by Shri Jeetmal Ji and his wife by Notice Munju dated 13.06.1973 comes to a total amount of Rs.20,381/- + Rs.4281.17 = Rs.2466.17 (Rupees Twenty Four Thousand Six Hundred Sixty Eight and Paise Seventeen Only) and from that both will get fifty ­ fifty share and accordingly Shri Dungar Singh Ji will give Rs.12,334/- (Twelve Thousand Three Hundred Thirty Four Only) to Balwant Singh Ji. Both will get equal share of the share certificates that are in the name of Shri Jeetmal Ji Babel. Utensils that are given in the list will be distributed equally between them. In the above decision, demands made by both of you and whatever is possessed by each of you is maintained on as is where is basis. And this decision is taken that all other demands are over. Meaning both of them has nothing to do with each other." On 10.12.1982, Collector (Stamps), Udaipur registered the award.
(3.) On 07.04.1983, Dungar Singh filed an application before the District Judge to make the award rule of the court. Along with the application, acceptance of both the parties and award given by the arbitrators were also presented. Appellant Balwant Singh raised objection assailing the award. The court called for evidence of both the parties. The application for making the award rule of the court was dismissed by the District Judge, Udaipur. The District Judge held that the panch had conducted the whole proceedings in their own way and such an award cannot be considered valid in law. The court noted that on examining the award, it was found that the award was written on 23.11.1981 and the respondent Dungar Singh had signed the award after a long time on 26.07.1982. The court also noted that on 26.07.1982 itself, one panch Sheshmal Pagaria produced the award before the arbitration judge where stamp deficiency was removed and on the very same day i.e. 26.07.1982, the same was produced before the Deputy Registrar, Udaipur for registration. It was observed that it is not clarified as to where was the original award from 23.11.1981 to 26.07.1982. The District Judge further held that though allegations of misconduct by any panch was not established but it was found that the three panchas completed the proceedings quite hurriedly and probably have not given enough time to Balwant Singh to put forth his side. The court therefore observed that making the award rule of the court does not appear to be safe and justifiable because the award by the panch is not fully clear on the basis of which the dispute between the parties could be finally settled.;