R.S.A. No. 613 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 613 of 2009 (O&M) Date of decision: 05.02.2009 Sushila Devi and others ....Appellants Versus Shashi Parkash and another ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: Mr. Rajesh Lamba, Advocate, for the appellants. ***** VINOD K. SHARMA, J (ORAL) This regular second appeal is directed against the judgments and decree dated 1.4.2006 and 4.11.2008 passed by the learned Courts below vide which the suit for partition filed by the respondent/plaintiff stands decreed. The plaintiff claimed that he was entitled to inherit 1/3rd share in the property of his mother, Shanti Devi. The relationship and share was not disputed in the written statement. The only plea taken was that the property stood partitioned by way of an arbitration award vide which the house in dispute fell to the share of the defendants, whereas plaintiff had been compensated by R.S.A. No. 613 of 2009 (O&M) -2- property at other place. Award of arbitration relied upon was proved on record. However, the learned Courts below have recorded a concurrent finding of fact that the defence taken by the defendant/appellants could not be accepted, as no reliance could be placed on an arbitration award in absence of an arbitration agreement. The findings recorded are as per settled law that it is arbitration agreement which gives jurisdiction to the arbitrator and in absence of written arbitration agreement, the award passed is to be held to be without jurisdiction. That is what, the learned Courts below have held. The findings, therefore, are based on settled law. The appeal raises no substantial question of law for consideration by this Court. No merit. Dismissed. (Vinod K. Sharma) Judge February 05, 2009 R.S.