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. Saidun