AIR 1946 MADRAS 391(2)

Madras High Court

Hon'ble Judge(s): Wadsworth, Rajamannar , JJ

(A)Settlement - Setting aside of - Grounds for. The fact that the settlor is amenable to persuasion is by no means a sufficient ground for setting aside transactions which he has executed when in full possession of his faculties.(Para 394C1) (B)Arbitration - Reference to arbitrator - Parties to dispute executing muchilika in favour of arbitrator - On consideration of terms of muchilika held it was a reference itself and not merely an agreement to make a reference at some future date. Both parties to a dispute executed a muchilika in favour of an arbitrator in the following terms : 'There have been some disputes between No.1 and Nos.2 to 5 in respect of the settlement deed which has been executed by No.1 of us in favour of Nos.2 to 5 in respect of the former's movable and immovable properties and which has been registered on 27th September 1939 .... and in view of the unnecessary expenses and losses and trouble which may befall the family on account of the said disputes, we have whole heartedly executed this muchilika in your favour, agreeing that we would file the necessary written records as well as written statements before you, with regard to the aforesaid disputes, that you may examine us personally and also the said docume....