BALWANT SINGH (D) THR. LR. versus DUNGAR SINGH (D) THR. LRS.

Citation: [2020] 1 S.C.R. 609 · Decided: 12-02-2020 · Supreme Court of India · Bench: R. BANUMATHI · Disposal: Disposed off
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Judgment (excerpt)

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BALWANT SINGH (D) THR. LR.
v.
DUNGAR SINGH (D) THR. LRS.
(Civil Appeal No. 7850 of 2009)
FEBRUARY 12, 2020
[R. BANUMATHI AND A. S. BOPANNA, JJ.]
Arbitration Act, 1940 – s.39(1)(6) – Disputes arose between
appellant and respondent (brothers) after the death of their father,
regarding partition of family properties – By an agreement they
appointed three arbitrators, who were their close relatives for
partitioning immovable properties, shares and jewellery –
Arbitrators passed award mentioning therein that the decision given
unanimously by the three of them will be binding on the parties –
Respondent filed application before District Judge to make the award
rule of the court – Objection raised by appellant – Application
dismissed by the District Judge – Respondents filed appeal
u/s.39(1)(6) – Allowed by High Court – Held: Parties by mutual
consent agreed to the appointment of all the three arbitrators and
submitted their respective claims before them – Arbitrators are close
relatives of the parties and no misconduct is alleged against them –
High Court rightly set aside the order of the District Judge holding
that the award has been passed after due consideration – With a
view to further amicably settle the matter, the parties arrived at
settlement – In view of the same, with the consent of the parties, the
award is modified – Registry to draft the decree in terms of the
modified award.
Disposing of the appeal, the Court
HELD: 1.1 The parties had by mutual consent agreed to
the appointment of all the three arbitrators and they had submitted
their respective claims before the arbitrators. The arbitrators
are the close relatives of the parties and no misconduct is alleged
against the arbitrators. They have also filed the will made by their
father before the arbitrators. Both the parties were present and
gave their consent in writing. That apart, the parties also
submitted their respective claims in the properties and the
   [2020] 1 S.C.R. 609
609
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SUPREME COURT REPORTS
[2020] 1 S.C.R.
arbitrators after hearing the parties, passed the award. Having
regard to the fact that the parties have consented for the
arbitrators to consider their claims and pass the award, the High
Court rightly set aside the order of the District Judge holding
that the award has been passed after due consideration. In view
of further settlement arrived at between the parties, with the
consent of the parties, the award stands modified. Registry is
directed to draft the decree accordingly. [Paras 6, 8 and 10][613-
C-E, H; 615-B]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7850
Of 2009.
From the Judgment and Order dated 01.06.2006 of the High Court
of  Rajasthan at Jodhpur in S.B. Civil Miscellaneous Appeal No. 180 of
1989.
Prashanto Chandra Sen, Sr. Adv., P. S. Sudheer, Kaushthubh Singh,
Rishi Maheshwari, Ms. Anne Mathew, Bharat Sood, Ms. Shruti Jose,
Advs. for the Appellants.
Puneet Jain, Ms. Christi Jain, Harsh Jain, Harshit Khanduja,
Abhinav Deshwal, Ms. Pratibha Jain, Advs. for the Respondents.
The Judgment of the Court was delivered by
R. BANUMATHI, J.
1. 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 court.
2. Balwant Singh and Dungar Singh are real brothers. After the
death of their father-Jeet Mal Jain, disputes arose between them regarding
partition of family properties. The parties decided to settle their dispute
amicably through arbitration proceedings. 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. These arbitrators were also close relatives of the parties. The
arbitrators Shesh Mal Pagaria is brother-in-law of Dungar Singh, Shri
Kiranmal Swansukha is co-brother of Balwant Singh and Fateh Lal Hingad
is a close relative of the parties. The arbitrators passed award dated
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23.11.1981 mentioning therein that the decision given unanimously by
the three of them will be binding on both 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
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