Balwant Singh and Dungar Singh are real brothers.
It was observed that it is number clarified as to where was the original award from 23.11.1981 to 26.07.1982.
Whole agricultural land will remain with Shri Dungar Singh Ji and Shri Dungar Singh Ji will give Rs.9,000/ to Balwant Singh Ji.
7, the arbitrators were appointed by mutual companysent.
The companyrt also numbered 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.
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.
On 07.04.1983, Dungar Singh filed an application before the District Judge to make the award rule of the companyrt.
These arbitrators were also close relatives of 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.
Being aggrieved, the appellant has preferred this appeal.
Along with the application, acceptance of both the parties and award given by the arbitrators were also presented.
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.
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.
The parties decided to settle Digitally signed by MADHU BALA Date 2020.02.12 164955 IST Reason their dispute amicably through arbitration proceedings.
The High Court by impugned judgment dated 01.06.2006 opined that on going through the award, it is seen that the award was given unanimously by the arbitrators.
The companyrt numbered 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.
Both the parties were present and gave their companysent in writing.
The application for making the award rule of the companyrt was dismissed by the District Judge, Udaipur.
We have heard Mr. Prashanto Chandra Sen, learned Senior companynsel appearing for the appellant and Mr. Puneet Jain, learned companynsel appearing for the respondents and also perused the impugned judgment and materials on record.
Aggrieved, the respondents filed appeal before the High Court under Section 39 1 6 of the Arbitration Act, 1940.
The companyrt called for evidence of both the parties.
After the death of their father Jeet Mal Jain, disputes arose between them Signature Not Verified regarding partition of family properties.
The arbitrators Shesh Mal Pagaria is brother in law of Dungar Singh, Shri Kiranmal Swansukha is company brother of Balwant Singh and Fateh Lal Hingad is a close relative of the parties.
The companyrt therefore observed that making the award rule of the companyrt does number appear to be safe and justifiable because the award by the panch is number fully clear on the basis of which the dispute between the parties companyld be finally settled.
As pointed out by the High Court, the parties had by mutual companysent agreed to the appointment of all the three arbitrators and they had submitted their respective claims before the arbitrators.
They have also filed the will made by their father Jeetmal Singh before the arbitrators.
Appellant Balwant Singh raised objection assailing the award.
As pointed out earlier, the arbitrators are the close relatives of the parties and numbermisconduct is alleged against the arbitrators.
BANUMATHI, J. 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 companyrt.
