KUNWAR BHARAT SINGH AND ANOTHER Vs. CHANDRA BHUSHAN SINGH AND OTHERS

JUDGEMENT

(1.) This is a defendants' appeal under Sec. 39 of the Indian Arbitration Act dismissing the objection filed by the defendants to the award.

(2.) The question which falls for consideration is an interesting one, as to whether the provisions of the Indian Arbitration Act are subject to the pro visions of the U.P. Amending Act XVIII of 1956 whereby Sec. 332-B was inserted in the Zamindari Abolition and Land Reforms Act 1950 ? This question is res integra.

(3.) The facts leading up to this appeal may be briefly stated. The plaintiff as far back as 1949 had filed a suit against the present and other members of the family for a declaration that the plaintiffs had a half share in the suit properties. In the alternative the relief claimed was for a declaration that the parties were joint owners in the suit property. The suit was contested mainly by defendants 1, 2 and 4. The suit remained pending since 1949 for many years and the position which has now arisen in this case is as a result, several years later, of the promulgation of the U.P. Amending Act XVIII of 1956 which made it obligatory for a civil court in all pending proceedings and all suits in which a decree had not yet been passed to refer the matter of Sirdari rights if such a matter was in issue to the Revenue Court. The decision of the Revenue Court under Sec. 332-B (4) of the U.P. Zamindari Abolition and Land Reforms Act, (hereinafter referred to as the Z. A. and L.R. Act) had to be accepted by the Civil Court which was to proceed to decide the suit accepting the finding of the Collector or the Subordinate Revenue Court on the issue referred to it. I may here, conveniently, read the relevant Sec. of the Z. A. and L.R. Act.