JUDGMENT

Sulaiman, J. - This is a plaintiff's appeal arising out of a suit for recovery of possession of 28 out of 160 sihams in the estate of her deceased father. She is one of the daughters of the late Syed Ali Hussain Khan, who died on 8th March 1926. The deceased had his legally wedded wife Valan Bibi from whom he had two daughters who survived him. He also had a muta wife, Bandi Bibi, from whom he had one son and one daughter. Admittedly the plaintiff's share in his estate would be 28 out of 160 sihams.

2. Mt. Walan Bibi applied to the District Judge for being appointed the guardian of the persons and properties of her two children. The District Judge by an order dated 9th May 1908 appointed her the certificated guardian. A certificate was issued to her in due course.

3. On 2nd March 1909 an agreement for reference to arbitration of three persons was signed by the widow Mt. Walan Bibi on her behalf and as guardian of her minor daughter and also by Nurul-Hasan, the brother of the deceased, as well as other heirs. The arbitrators delivered their award on 4th March 1909 under which the estate was divided among the various claimants, a share being assigned to the plaintiff Mt. Saidunnisa, who had been impleaded under the guardianship of her own mother. This award was followed by an application for its being filed on 6th March 1909 accompanied by an application for permission to file it on behalf of the minor. The Court granted the permission to file the award stating that it was for the benefit of the minor. The award was duly filed and made a decree of the Court on the same day.

4. The plaintiff instituted the present suit on 20th November 1924 on the allegation that she had been born in June 1903 and attained majority well within three years of the suit, and that in any case according to the certificate of guardianship that was granted by the District Judge she attained majority on 19th December 1921, which would also bring her suit within time. She sought to avoid the decree passed on the basis of the award on the ground that Nurul-Hasan had obtained the agreement for reference to arbitration fraudulently by exercising undue influence on her mother and that the award delivered by the arbitrators was illegal and prejudicial to the rights of the plaintiff and was in-effectual. In substance she sued to recover possession of her share by avoidance of the decree dated 6th March 1909.

5. The claim was resisted principally by Nurul Hasan on the ground that the plaintiff had attained majority more than three years before the suit and her claim was barred by time. It was also pleaded that her mother had full authority to refer the dispute to arbitration, and the award and the decree based upon it were binding on the plaintiff. It was further pleaded that part of the property claimed by the plaintiff, is, being a portion of the assets of the deceased, did not belong to Sayed Ali Husain at all.

6. The learned Subordinate Judge has found that the plaintiff attained majority more than three years before the suit and her claim was therefore barred by time. He has further found that the reference to arbitration was justified as there was a bona fide dispute between the parties based on an oral will of the deceased which had been set up by Nurul-Hasan. As regards most of the items of the properties he has found that they were part of the assets of the deceased, but as regards same items his conclusion is that they did not belong to him. As regards one item, viz., Taluqa Suri, his finding is that the property had been purchased with the money belonging to Sayed Ali Hussain, but that it was purchased for the benefit of the two minors in whose names the sale deed stood.

7. The plaintiff has come op in appeal challenging the findings of the learned Subordinate Judge.

8. There can be no doubt that a Muslim mother who assumes the position of a da facto guardian of her minor child has no power to transfer his property and such a transfer is not only voi