( 1 ) THE appellants are the plaintiffs; the first plaintiff is the son of the second plaintiff (Smt. Ram Devi), who is the second wife of Chandra Mohan (deceased ). Prithi Nath (defendant No. 2) and Vijay Kumar (defendant No. 3) are the husband and son, respectively, of his daughter Smt. Tarawati (through his first wife ). Chandra Mohan had executed a gift deed (Ex. D-2), a day prior to his marrying Smt. Tarawati, in favour of his brother s son, Gian Chand Kapur (defendant No. 1 ). Chandra Mohan did not part with the possession of the original gift deed and filed a suit for its cancellation. During the pendency of that suit Chandra Mohan and Gian Chand agreed to refer the dispute to arbitration and the parties to the suit applied to the Court on 31-5-1938 in the following terms:

"in the above noted case, the parties, of their own accord and free will appoint Rai Bahadur Mr. Harish Chander Advocate Chandni Mahal, Delhi, as the sole arbitrator for the decision of this case. Whatever decision given by the arbitrator, in this case, without any favour, will be acceptable to the parties. They will not raise any objection to it. Hence by means of this application it is p