Charan Singh And Ors. VS. Babulal And Ors.

Summary

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During consolidation proceedings in a village, under the Uttar Pradesh Consolidation of Holdings Act, 1954, a question of title arose, and the Consolidation Officer referred the question to the Civil Judge who referred it to an arbitrator appointed under s. 37 of the Act. The Arbitrator submitted his award to the Court. The appellants filed objections under s. 15 of the Arbitration Act, 1940, and the Civil Judge modified the award. On appeal by the respondents, the District Court held that the appeal was maintainable and that the Civil Judge was not justified in modifying the award. A revision petition to the High Court filed by the appellants was dismissed.

In appeal to this Court, it was contended that s. 39 of the Arbitration Act, which provides for appeals does not apply to arbitrations under s. 37 of the U.P. Act.

HELD:The decision of the Civil Judge modifying, the award was appealable under s. 39 of the Arbitration Act. [67 A].

The effect of s. 37 of the U.P. Act read with ss. 46 and 47 of the Arbitration Act is, to apply ss. 15 and 39 of the Arbitration Act to the proceedings under the U.P. Act; and under s. 12(5) of the U.P. Act what is made final is the decision of the arbitrator as it emerges after appropriate proceedings, under the provisions of the Arbitration Act.

[65 G-H; 66 H].

Carju Prasad v. Civil Judge, Farrukhabad, I.L.R. [1959]. 1 All354 and Sayed Ulla Khan v. The Temporary Civil Judge, Sultanpur, A.I.R. 1959 All 331, approved.

Attar Singh v. State of u.p. [1959] Supp. 1 S.C.R. 928, explained.

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Extract

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Charan Singh And Ors. VS. Babulal And Ors.

PETITIONER: CHARAN SINGH AND ORS.

Vs.

RESPONDENT: BABULAL AND ORS.

DATE OF JUDGMENT: 25/03/1966

BENCH: SIKRI, S.M.

BENCH: SIKRI, S.M.

WANCHOO, K.N.

SHAH, J.C.

CITATION: 1967 AIR 57 1966 SCR (3) 63

CITATOR INFO : F 1974 SC 749 (9)

ACT: Uttar Pradesh Consolidation of Holdings Act (5 of 1954), ss.

12 & 37-Modification of award by Civil Judge-If Appealable under s. 39 of the Arbitration Act (10 of 1940).

JUDGMENT: CIVIL APPELLATE J...

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