588 of 1966, T. Desai, P. C. Bhartari and K. J. John, for the Appellants.
Appeal by special leave from the judgment and order dated January 17, 1968 of the Delhi High Court in Suit No.
32,500.00 Rupees thirty two thousand five hundred as their one fourth share in the companyt of the land at Najafgarh Road, Delhi being plot No.
Brijbans Kishore, V. N. Ganpule and P. C. Kapur, for respondent No.
1350 of 1968.
It is number necessary to refer to the various stages the matter went through except that the case came to be finally heard by the Delhi High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The short facts necessary for decision on this case are these By an agreement dated 25th April, 1961 various disputes and matters in difference between the parties were referred to the sole arbitration of Mr. B. K. Daphtary.
shards or interest of the said Tehmi Pheroze Sidhwa, Almitra Pheroze Sidhwa and Mani Rustom Sidhwa are as follows Tehmi Pheroze Sidhwa 3/32 share whole Almitra Pheroze Sidhwa 3/32 share In the hole Mani Rustom Sidhwa 2/32 share property.
1 award and direct that Shib Banerjee and Sons Private Ltd. do pay to the said Tehmi Pheroze Sidhwa, Almitra Pheroze Sidhwa and Mani Rustom Sidhwa the one fourth share of the rents and profits of the said property at the rate of Rs.93.75 nP per month to Tehmi Pheroze Sidhwa.
71/5 of the Industrial Area Scheme of the Delhi Improvement Trust admeasuring about 7246.67 square yards and the factory and other buildings and companypound wall companystructed thereon and occupied by Delhi Floorings Private Ltd. that the said Tehmi Pheroze Sidhwa, Almitra Pheroze Sidhwa and Mani Rustom Sidhwa are between them entitled to a one fourth share or interest in the said land and buildings and in the rents and profits thereof that as between themselves the A. I. R. 1967 A. P. 257.
93.75 nP per month to Almitra Pheroze Sidhwa.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. The question for decision is whether the award made by the arbitrator in this case is inadmissible in evidence and therefore numberdecree can be passed on the basis of that award as held by the Delhi High Court.
The arbitrator made his award on 25th April, 1962.
A lease of the said property has been granted by the Delhi Improvement Trust to Shib Banerjee and Sons Private Ltd. and the said property stands in the name of Shib Banerjee Sons Private Ltd. I hold and award that Shib Banerjee Sons Private Ltd. hold the said property upon trust as to one fourth thereof for the said Tehmi Pheroze Sidhwa, Almitra Pheroze Sidhwa, and Mani Rustom Sidhwa in the share as above mentioned and that the said Tehmi Pheroze Sidhwa, Almitra Pheroze Sidhwa and Mani Rustom Sidhwa are entitled to a one fourth share in the rent and profits of the said property from 1st January 1960.
