GIAN CHAND KAPUR Vs. RABINDRA MOHAN KAPUR

JUDGEMENT

(1.) This appeal by certificate is by defendant No. 1 and is directed against the reversing decree of the High Court in a suit for partition of a house and other related reliefs. The trial Court had dismissed the suit but the High Court has found that the plaintiffs were entitled to one-third share as against two-thirds claimed by them and has given a decree for it. Defendant No. 1 who maintains that the plaintiffs have no interest in the suit house has challenged the appellate decree.

(2.) Admittedly the house in dispute belonged to Chander Mohan. On 29-6-1937 he made a gift of it in favour of Gian Chand, son of his brother but on 8-12-1937 filed a suit for cancellation of the gift. That suit was referred to the arbitration of the plaintiffs Advocate by an application dated 31-5-1938 and the Arbitrator made his award on 20-6-1938 on the basis of a compromise between the parties which he treated as a family settlement. The award was accepted by the Court on the same day and a decree followed.

(3.) Under the decree, Chander Mohan got a right of enjoyment during his life time. Gian Chand (Defendant No. 1) and the sons of Mohinder Mohan, another brother of Chander Mohan together got one-third share each. The remaining one-third share went to Tarawati, daugther of the donor from the deceased wife with life interest and after her, absolutely to her son.