RAVINDRA MOHAN KAPUR Vs. GIAN CHAND KAPUR

JUDGEMENT

(1.) The appellants are the plaintiffs; the first plaintiff is the son of the second plaintiff (Smt. Ram Devi), who is the second wife of Chandra Mohan (deceased). Prithi Nath (defendant No. 2) and Vijay Kumar (defendant No. 3) are the husband and son, respectively, of his daughter Smt. Tarawati (through his first wife). Chandra Mohan had executed a gift deed (Ex. D-2), a day prior to his marrying Smt. Tarawati, in favour of his brother's son, Gian Chand Kapur (defendant No. 1). Chandra Mohan did not part with the possession of the original gift deed and filed a suit for its cancellation. During the pendency of that suit Chandra Mohan and Gian Chand agreed to refer the dispute to arbitration and the parties to the suit applied to the Court on 31-5-1938 in the following terms:

(2.) The Arbitrator, Shri Harish Chander, Advocate, passed an award on 20-6-1938 as follows:

(3.) On 20-6-1938 the learned Sub Judge 1st Class, before whom the suit was pending, directed the award to be attached to the decree and passed a decree in terms of the award, the parties having not assailed the award filed by the Arbitrator. But the fact remains that there was no possession as stated in the decree passed by the Court and the compromise was filed setting out the terms of the awardi as the compromise arrived by the parties. Chandra Mohan died on 21-5-1947. Smt. Tarawati pre-deceased Chandra Mohan but the exact date of her death is not known. A question was raised as to whether 1st plaintiff was the son of Chander Mohan on which question the finding has been in his favour.