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Shrinivasayya Vs. Sitamma Alias Padmavadi Amma - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1114
AppellantShrinivasayya
RespondentSitamma Alias Padmavadi Amma
Cases ReferredChaudhri Hira Singh v. Chaudhri Ganga Sahai
Excerpt:
award - whether persons not parties to the award can claim the benefit of it--trust. - 1. we do not think that there is any trust in favour of the plaintiff. the creation of such a trust was not within the scope of the reference to arbitration. further, we do not think that in any case the award creates a trust. the provision that the defendant should pay rs. 100 (rupees one hundred) to the present plaintiff on the responsibility of his share of the property, seems to us to have been intended entirely for the benefit of the defendant's brother. it is clear that it was contemplated that notwithstanding the provision the present plaintiff might proceed against the defendant's brother and recover from him. the plaintiff was no party to the award. he is not bound by the award and, therefore acquired no interest thereunder chaudhri hira singh v. chaudhri ganga sahai 11 i.a. 20;.....
Judgment:

1. We do not think that there is any trust in favour of the plaintiff. The creation of such a trust was not within the scope of the reference to arbitration. Further, we do not think that in any case the award creates a trust. The provision that the defendant should pay Rs. 100 (Rupees one hundred) to the present plaintiff on the responsibility of his share of the property, seems to us to have been intended entirely for the benefit of the defendant's brother. It is clear that it was contemplated that notwithstanding the provision the present plaintiff might proceed against the defendant's brother and recover from him. The plaintiff was no party to the award. He is not bound by the award and, therefore acquired no interest thereunder Chaudhri Hira Singh v. Chaudhri Ganga Sahai 11 I.A. 20; 6 A.322.

2. We, therefore, allow the appeal and dismiss the plaintiff's suit with costs throughout.


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