Law:

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Arbitration Act (X of 1940), S. 21-Reference to arbitration-­Expression "all parties interested agree"-Agreement of all parties need not be in writing-Agreement can be inferred from conduct of parties-Arbitration agreement signed only by one out of several plaintiffs but none raising any objection and all appearing before arbitrator without raising objection --Held, Courts below were right in holding that all had agreed to arbitration and no objection on that score could be raised at appellate stage. Laduram-Nathmull v. Nandalal Karuri A I R 1920 Cal. 113 distinguished. JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from the judgment of a learned Single Judge of Peshawar Nigh Court in a regular second appeal. This appeal arose out of a suit filed by the first three petitioners herein and one Mst. Naimai (since deceased) for a declaration that they are the owners in possession of lands entered in Khata No. 61/308, Khasra No. 4403, measuring 3 kanals, situated in the area of Mouza Sufaid Dheri. The suit was brought because, the lands had been entered in the revenue records in the names of respondents Nos. 1 to 6 as owners. Respondents Nos. 2 to 6 had also purported to sell the lands to respondents Nos. 7 and 8. The petitioners claimed that these entries were wrong and that the sale was null and void and, in the alternative claimed that they should be given possession of the suit lands, if it is found that they are not in possession. The suit was contested by the respondents who claimed that they had purchased the suit lands from the predecessors-in-interest of the petitioners by a registered sale deed executed on the 27th of October 1933 and that, in any event, they had acquired title to these lands by adverse possession for over 12 years. Issues were framed, but before evidence could be recorded, the parties, on 8-9-64, referred their disputes to. the arbitration of the mehtamim of the mosque of Mobabat Khan at Peshawar. The said arbitrator refused to arbitrate and, thereafter, on 19-10-64, Maulana Mufti Abdul Qayyum Popalzai was appointed arbitrator. Unfortunately the statement regarding the appoint­ment of the Maulana was signed…

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