Judgment

MATHEW, J.:- In this appeal, by special leave, the question for consideration is whether the High Court of Allahabad was right in setting aside the decree passed by the District Judge, Meerut, in appeal, setting aside an award passed by the arbitrator appointed under the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

2. In order to appreciate the question in issue, the following pedigree is useful:

Buniyad Ali. - Smt. Kuri (his widow) (died in 1900)

Smt. Tarifun Nisa Sri Aftab Ali - Smt. Matlubun Smt. Majidun Nisa

(daughter) (died in 1910) Nisa (died in 1925) (daughter)

(died in 1905 or 1906) (died in 1920)

Shri Ishtiaq Ahmad Smt. Kaniz SyedMoharban Ali

Fatima (Respondent No. 1)

Iftikhar Intisar Mukhtiar Ahmad

Ahmad Ahmad (Appellant No. 3

(Appellant (Appellant

.No. 1) No.2)

The appellants are the legal representatives of Ishtiaq Ahmed. In the consolidation proceedings under the Act with respect to the properties in question which originally belonged to Buniyad Ali, dispute arose between Ishtiaq Ahmed on the one hand and Meharban Ali and Kaniz Fatima on the other hand as regards the title to them. Meharban Ali and Kaniz Fatima claimed that