S.R. Bhargava, J. - (1.) This appeal is directed against an order refusing to set aside the arbitration award.
(2.) Sheo Murat and respondent Ram Chandra were real brothers Respondents Sadhu Saran and Subhash are sons of said Sheo Murat. Lal Bahadur was the brother-in-law (user) of Ram Chandra Respondent Gauri Shanker is alleged to be the relation of Sadhu Saran and Subhash.
(3.) Respondent Sadhu Saran filed application under Section 14 of the Arbitration Act contending that Ram Chandra was tenure-holder of certain agricultural plots. On 7-7-1973 he accepted Rs. 12,000 from Sadhu Saran and agreed to execute sale-deed in respect of the said agricultural plots for Rs. 22,000. But before sale-deed could be executed in favour of Sadhu Saran, Subhash started claiming that the property should be treated as joint family property because the payment of Rs. 12,000 was made from joint family funds. This delayed execution of sale-deed by Ram Chandra. Meanwhile Sheo Murat colluded with Ram Chandra and Lal Bahadur. On 22-12-1976 a fictitious sale-deed in respect of the same plots was executed by Ram Chandra in favour of Lal Bahadur. This gave rise to dispute and differences. Ultimately there was an agreement to refer the dispute for arbitration to Gauri Shanker. Agreement dated 28-12-1976 was executed. Said Gauri Shanker carried out arbitration proceedings and made an award which was ultimately recorded and registered on 6-7-1980. Hence there was application for filing of the award in the court and making it rule of the court.;