Law:

Section:

Award was filed by the learned sole Arbitrator in Court on 15-6-1999. Notices were issued to the parties. However, defendant could not be served in the ordinary way and vide order dated 13-1-2003, the defendant was ordered to be served through publication. The Additional Registrar (Original Side) by his order dated 19-2-2003 ordered to issue notices to defendant through publication in Daily Jang. Notice was published in Daily Nawa-e-Waqt on 17th March, 2003. After service upon the defendant through publication as well as by pasting the notice at the last known address since no objection was filed under sections 30 and 39 of the Arbitration Act, the matter was fixed for order on award in Court.   I have heard Mr. Abdul Wajid Wyne for the plaintiff. I have also gone through the award as well as documents filed alongwith award by the learned sole Arbitrator.   The learned Advocate for the plaintiff argued that an arbitrator is not required to file issue or documents. In support of his contention he relied upon case of (1) Messrs Waseem Construction Co. v. Province of Sindh (1999 CLC 1081), (ii) Messrs Hafeez Construction Co. v. Messrs Javedan Cement Ltd. (1989 CLC 885) and (iii) Messrs Maqbool Associates Ltd. v. Messrs Sindh Sugar Corporation Ltd. (1990 CLC 55).   It appears that the dispute is between the two real brothers in respect of the rights in Plot bearing No.R-83 Block 9, Karachi Administrator Employees Cooperative Housing Society admeasuring 150 square yards. The case as set up by the plaintiff in his claim before the Arbitrator was that the plaintiff and defendant has been jointly carrying on business of shuttering of wooden in the year 1966 and plot in question was purchased in the name of plaintiff at the costs of Rs.19,000. The property in question was purchased in the name of defendant being elder brother and it was agreed that the lease of the plot will be obtained in the name of plaintiff and defendant with equal share therein from the society. The construction was raised on the plot by the parties jointly. The ground floor and first floor of the property in question have been let out and the upper floor was occupied by the…