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1922 Supreme(All) 97

KANHAIYA LAL, STUART
Arjun Singh – Appellant
Versus
Parbati – Respondent


JUDGMENT

1. The fasts of the suit out of which this appeal arises are these. Ganga Prasad Tiwari died in Mainpari in 1911. He left a widow Musammat Parbati, Arjun Singh claimed to be his adopted son. Musammat Parbati set up that Arjun Singh was not the adopted son of Ganga Prasad. 0 i the 8th October 1911 Musammat Parbati and Arjun Singh executed an agreement in writing by which they undertook to refer their disputes to the arbitration of a certain Dambar Lal. Dambar Lal accepted the arbitration and made an award on the 8th November 1911 by which he awarded a molety of the debts doe to the deceased to Arjun Singh and the remaining moiety to Musammat Parbati. He awarded Musammat Parbati a life interest in other property. Arjun Singh instituted a suit on the 6th May 1912 against Musammat Parbati for a declaration that the award in question was of no effect as against him and that be was the adopted son of Ganga Prasad and the owner of the entire property left by the latter.

2. The learned Subordinate Judge of Mainpuri decreed the suit in his favour by a judgment of the 31st March 1913 and Musammat Parbati appealed to the High Court who on the 16th November 1915 found that the award was

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