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1939 Supreme(Sindh) 6

DAVIS
Loung Tahir – Appellant
Versus
Ramsing Takhatram – Respondent


JUDGMENT

Davis, J C - This is an application in revision against an order of the Subordinate Judge, Mirpurkhas, directing a decree to be drawn up in terms of an award passed in arbitration proceedings. The objection taken before us was that in this suit there were two sets of minors. There were on the one hand the minor plaintiffs, four children, the sons of one Sunhi by her husband Tahir deceased, and on the other hand three minor defendants, sons and heirs and legal representatives of one Takhatram deceased, who in this case was a mortgagee of the property in suit, three shops. It was contended on behalf of the plaintiffs that there was a mortgage by way of conditional sale; on behalf of the defendants, that, it was an out and out sale. The matter was referred to arbitration and an award was given that same day by one Parehomal Naumal, a Hindu Lohana, zamindar, described as a Mukhi of Dhoro Naro and by his award the minor plaintiffs were deprived of their property on payment by defendant 4 of Rs. 500 because, for reasons not clear from the record, the three minor defendants were, sis the favourite phrase goes, "given up" by the plaintiffs. But we are not concerned with the minor d

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