Judgement

Appeal (No. 109 of 1936) from a decree of the High Court (December 21, 1934) reversing a decree

52 Law. Rep. 67 Ind. App. 386 ( 1939- 1940) Musammat Har Naraini Kunwar V. Sajjan Pal Singh

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of the Court of the Subordinate Judge of Etah (August 26, 1930).

One Hans Kunwar, a Hindu widow, on February 27, 1891, entered into an agreement to refer to arbitration disputes with certain collaterals of her late husband, who died sonless, as to the ownership of certain ancestral property—4 biswas out of 20 biswas—in mauza Isauli, paragana Jalesar, district Etah. The widow executed the agreement "in her right "and as mother and natural guardian of minor daughters "Musammat Har Naraini and Het Kunwar...."By their award the arbitrators decided that the ancestral property in mauza Isauli should remain in the possession and occupation of the widow during her life, and that after her death it should be divided among the collaterals.

The widow died in 1928, and Musammat Har Naraini, the sole survivor of her three daughters, brought, on January 11, 1930, the suit out of which this appeal arose, against the collaterals, claiming that under Hindu law she alone became entitled to succeed to