Judgment

GROVER, J.: This is an appeal by special leave from a judgment of the Punjab High Court, (Circuit Bench, Delhi). The facts may be briefly stated: One Gajju Mal had five sons, Badri Pershad, Ganesh Dass, Devi Chand, Narain Das and Ishar Das. The first four were by his first wife, whereas the 5th son Ishar Das was by his second wife Smt. Kanso Devi. Gajju Mal died in 1947 leaving him surviving the said five sons and Smt. Kanso Devi. On August 5, 1950 Tulsi Ram Seth was appointed by the parties as an arbitrator for resolving certain differences which had arisen relating to partition of the urban immovable properties and other assets and liabilities left by Gajju Mal. On October 31, 1950 the arbitrator gave his award. Under cl. 6 of this award Smt. Kanso Devi was awarded three sets of property including bungalow No. 20, Alipore Road, Delhi.The award was made the rule of the court. It was stated in the award that Smt. Kanso Devi would have a widow s estate in the properties awarded to her. It was also provided that the immovable properties allotted and awarded to the various parties would be individually and exclusively owned by them and each party would be entitled to take phys