CHAUDHRI HIRA SING Vs. CHAUDHRI GUNGA SAHAI

JUDGEMENT

(1.) THIS is an appeal in a suit brought by the Appellant against the Respondents for complete possession after partition of two thirds of six houses and a tank in mouzah Asaura, in zillah Meerut, the Plaintiff being alleged to be a co-sharer and possessor of two-thirds and the Defendants of one-third thereof.

(2.) THE Plaintiff is the son of liar dial Singh, who had two sons, the Plaintiff and Debi Singh. The Defendants are the sons of Golab Singh, the uncle of Hardial. The Plaintiff's grandfather, Dharam Singh, and Golab Singh were the sons of Baji Bai, whose brother, Bhore Singh, had a son, Halas Bai. Hardial died in 1871. It did not appear when Halas Bai died. After his death his widow, Rupkoer, adopted Debi Singh. It was admitted that the Plaintiff was born deaf and dumb, and was consequently, by Hindu law, incapable of inheriting. But it appeared, by a proceeeding of the lie venue Court, on the 24th of April, 1872, and an order of the Collector on the 6th of May, 1872, that on the death of Zalin Singh, the lamberdar of mouzah Asaura, Hira Singh was appointed lamberdar under the management of Bebi Singh with the consent of the Respondents; and an issue in this suit whether Bebi Singh was in possession, on behalf of the Plaintiff the (Appellant), of any property belonging jointly to the Plaintiff and the Defendants (the Respondents), was found for the Plaintiff by the District Judge.

(3.) ON the third point the arbitrator decided as to some parts of the property which was the subject of it in favour of Gunga Sahai and Amin Singh. He then stated that the first party had re-quested that as they had no property near Asaura, their place of residence, they should have a portion of Deli Singh's property by purchase, which appeared to him to be reasonable; that Debi Singh reluctantly and coercively agreed to give certain property mentioned, on receipt of consideration; and he, the arbitrator, by agreement of the parties, had fixed the price at Rs. 30,000, which was paid in his presence.