BRIJ MOHAN LALL, J. - (1.) THIS and the connected First Appeal No. 435 of 1943 are defendants' appeals arising out of the same judgment and decree of the learned Civil Judge of Allahabad. This appeal was preferred by nine appellants some of whom have died during its pendency and have since been substituted by their legal representatives. Mr. Gopinath Kunzru who preferred the appeal on behalf of all the 9 appellants informs us that he has instructions to argue this appeal on behalf of two appellants only, viz. Abdul Kadir appellant No. 4 and Manmohan Das who was appellant No. 1 and who after his death is now represented by his legal representatives. So far as other appellants are concerned the appeal shall have to be dismissed for default. If may be pointed out at this stage that every appellant has a separate interest and that separate and distinct reliefs have been sought by the respondents against everyone of them.
(2.) CONNECTED Appeal No. 435 of 1943 has been preferred by Rakhal Das Bose whose interests are identical with those of respondents Nos. 11 to 13 of that appeal. That appeal has been pressed by Mr. Aqiq Hasan, on behalf of the aforesaid persons. The facts are long and complicated but we are concerned in these appeals with only three sets of appellants. I will narrate only such facts as relate to their parts of the case.
(3.) THERE is an old and respectable family of Sheikhs at Mau Aima in the district of Allahabad. It owned considerable property in a large number, of villages. On 4 -2 -1897 most of the members of the family executed an arbitration agreement by which they appointed, three persons, viz. Syed Fariduddin Ahmad, a retired Civil Judge, Syed Evaz Ali, a retired Deputy Collector and one Sheikh Shamsuddin Vakil as arbitrators to partition the family property. A period of two months was fixed for the making of the award but the arbitrators could not finish their work within that period. It was feared that the award delivered after the prescribed period would be invalid. The original executants of the arbitration agreement, therefore, executed a fresh arbitration agreement in terms of the old one on 1 -6 -1897. Within two months of this date i.e. on 26 -7 -1897 the award was delivered. It was duly registered. A suit (No. 36 of 1888) was instituted in the Court of the Civil Judge of Allahabad to make this award a rule of the Court and a decree was obtained in terms thereof on 30 -6 -1893.;