Judgement

Appeal (No. 34 of 1930) from a decree of the Chief Court of Oudh dated October 18, 1928, reversing a decree of the Subordinate Judge of Lucknow dated January 7, 1928, as amended by an order of March 8, 1928.

The suit was brought on October 20, 1927, by the appellants, the son and daughter of Mohammad Husain, who died on March 4, 1912, against other members of the family, including Faiyaz-un-nisa, their mother, the second wife of the deceased. The plaintiffs claimed their share according to

Law. Rep. 59 Ind. App. 92 ( 1931- 1932) Mohammad Ejaz Husain V. Mohammad Iftikhar Husain

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Mahomedan law in scheduled properties which they alleged constituted the estate of their deceased father. They contended that they were not bound by an award made on April 2, 1912, upon a reference to arbitration under an agreement made on their behalf when minors by their mother Faiyaz-un-nisa.

The facts appear fully from the judgment of the Judicial Committee.

The Chief Court, reversing the Subordinate Judge, dismissed the suit. The learned judges (G. N. Misra and Srivastava JJ.) were of opinion that the award was not binding upon the plaintiffs as an award, but that as it had been fairly and