MUHAMMED NAWAZ KHAN Vs. ALAM KHAN

JUDGEMENT

(1.) THE Plaintiffs and Appellants are two of the sons of Maddat Khan, who died on the 6th of June, 1883, leaving four sons and the children of a fifth son him surviving. The Defendant Alam Khan is one of the sons.

(2.) THE Plaintiffs claim two-fifths of their father's property, move-able and immoveable. The moveable inheritance is not in dispute, the Plaintiffs being clearly entitled to two-fifths thereof. They would be also prima facie entitled to the same proportion of the immoveable property. After the death of Maddat Khan the Plaintiffs, for themselves and purporting to be guardians of the sons of their deceased brother, entered into an agreement, dated the 20th of September, 1883, with the Defendant, who also purported to be the guardian of his younger brother, Fatteh Khan whereby it was agreed to appoint a private arbitrator for a decision of the dispute relating to their father's lands and the office of lambardar, and that Mian Sultan Ali, who was intimately connected with the circumstances of the family and was their pir, should act as the private arbitrator, and they agreed to accept whatever the said Mian Sultan Ali might decide in respect of the dispute between them. The said arbitrator soon after made his award, whereby he found in effect that the Plaintiffs were not to get any land of the deceased except the portion given to them by him in his lifetime, and that the Defendant Alam Khan should remain the owner of the whole of the remaining landed property. He also awarded to Alam Khan the office of lambardar.

(3.) THEIR Lordships concur in the judgment of the Chief Court.