Law: Specific Relief Act (I of 1877)

Section: 42

Law: First Schedule of the Arbitration Act, 1940

Section: 21 & 47

Law: Civil Procedure Code (1908)

Section: O XXIII, R.3,O. XIV, R.5 & S-115

(a) Specific Relief Act (I of 1877)--- S.42 --- Suit for declaration and permanent injunction filed by Plaintiffs relating to ownership of land in question, was decreed and such decree was confirmed by Appellate Court-Validity-Plaintiffs had proved their ownership through cogent evidence which could not be shattered by defendants --- Plaintiffs evidence was confidence inspiring while, defendants were not sure regarding their status as to whether they were Buzgar, Morosi 'Buzgar, lessee on contract basis or owners of land in question-Concurrent findings arrived at by two Courts below did not show any illegality or material irregularity nor were such findings proved to be patently perverse so as to call for intetference--Finditigs of Courts below whereby plaintiff was granted declaration and permanent injunction regarding land in question were affirmed in circumstances.(b) Arbitration Act (X of 1940)--,--- Ss. 21 & 47 --- Civil Procedure Code (V of 1908) O XXIII, R.3—Award obtained otherwise than in accordance with provisions contained in S-47, Arbitration Act, 1940 --- Such award can at least be- acknowledged as compromise/adjustment of suit and no decree can be passed thereon under provisions 0"11, R3, C.P.C.-No award could be foisted upon parties without their consent --- Where arbitration agreement was not consented to by all concerned parties, such agreement would be invalid and could not give jurisdiction to arbitrator to give his verdict and decide dispute existing between the parties --- Award given on basis of void reference could not be termed as valid --- Award made on invalid reference would not bind even consenting parties being void altogether --- Arbitration agreement being contract, consent of parties was essential for resolving their disputes through arbitration --- Join consent of all parties interested was necessary at the point of time when Court was to take award into consideration as compromise or adjustment--­ Satisfaction of Court regarding such adjustment was essential prerequisite before provisions contemplated under O.XXIII, R.3, C.P.C. could be invoked --- Courts below were correct in holding that arbitration agreement was not…