Alagiriswami, J. - (1.) This appeal is against the judgment of the High Court of Punjab and Haryana dismissing the appellant's appeal against the judgment of the Senior Subordinate Judge, Karnal making the award in a dispute between the appellant and the respondents a Rule of Court. The facts necessary for decision are as follows.
(2.) In 1948 the Government of India sponsored a scheme to build and establish a colony for the resettlement and rehabilitation of displaced persons at Nilokheri and started several industries including a dairy farm. Some of the founders of the appellant Society took over the dairy farm business from the Rehabilitation Administration under an agreement dated 1-10-1950. They later formed themselves into a co-operative society and took over the same business and entered into an agreement on 6-5-1953. There is no dispute that originally the whole transaction was made under the agreement of 1-10-50 and that the disputes had to be decided on the basis of the agreement of 6-5-1953. On the ground that the appellant Society did not pay its dues regularly in pursuance of the agreement the dispute between the parties was referred to an arbitrator, a Subordinate Judge of the Punjab Judicial Service. The award was made on 30-11-l963. Thereupon the respondents applied to the Senior Subordinate Judge of Karnal to make the award a Rule of Court and the Subordinate Judge accordingly made it a Rule of Court. The appellant's appeal to the High Court also having failed this appeal has been filed by special leave.
(3.) Before the Arbitrator the appellant's total claim against the respondents was for a sum of Rupees 1,26,800/-. In addition they also claimed that the respondents should be directed to transfer the 150 acres of land allotted to them at the rates charged from other agriculturists after adjustment of the rent already received by the Administration. On the other hand the counter claim of the respondents was for a sum of Rupees 79,232.65 and also that the Government land in possession of the appellant should be returned to the Nilokheri Administration.;