MUSSAMMAT HAR NARAINI KUNWAR Vs. SAJJAN PAL SINGH

JUDGEMENT

(1.) IN order to explain the reasons why their Lordships think that this appeal should succeed, the barest statement of the relevant facts will be sufficient. One Jiwa Ram made his will dated August 20, 1890, by which, after stating that being a member of a divided family he was the owner of the divided property specified below, he provided that (in the events which happened) his wife Hans Kunwar should "remain the owner in possession of the entire property left by me like a Hindu widow till her lifetime", and after her death "all the married and unmarried daughters who be alive or whose male issue be alive shall get the estate acquired, i.e., the property in equal shares." At the end of the will were specified four items of property of which the first was described as "ancestral property in mauza Isauli, pargana Jalisar, district Etah--4 biswas out Of 20 biswas." The other three items were non-ancestral property which had been acquired by the testator.

(2.) THE testator, who never had a son, died on August 26 or 27, 1890. He was survived by his wife and two daughters, viz., a married daughter Kawal Kunwar and the plaintiff who was then aged three. A third daughter (Het Kunwar) was born posthumously, who died at about the age of seven years.

(3.) ON February 27, 1891, an agreement was entered into between the various claimants of the one part, and the widow and the testator's married daughter of the other part, by which it was agreed to refer the disputes to arbitration. The material recital states: "There is a dispute between us the parties in respect of the property specified below ... and it is not settled, hence for its decision we the parties unanimously have accepted to abide by the decision of the arbitrators regarding the dispute." The specified property consisted of the four items specified by the will.