PRABHAVATI DEVI Vs. LILA SINGH

JUDGEMENT

(1.) This is an appeal from an order of the Subordinate Judge of Bhagalpur dated 14 September 1938. The facts giving rise to the appeal can be shortly stated as follows. The appellant who is in the position of a decree-holder is the daughter of the late Mr. Deep Narain Singh, who died on 29 November 1935. The respondent is the widow of the said Deep Narain Singh. Before his death the deceased executed a deed of trust setting apart extensive property for the propagation of education in Bihar subject to payment of certain annuities. He reserved to himself a monthly payment of Rs. 4250 during his lifetime out of which Rs. 3000 per month was to revert to the trust after his death. As to the balance of Rs. 1250, he reserved for himself a power of disposition, and on 6 March 1931, he executed a will bequeathing Rs. 750 per month to the appellant and the remaining Rs. 500 per month to the widow for their respective lives. He left no will dealing with the remainder of his property which therefore devolved on an intestacy.

(2.) After Mr. Deep Narain Singh's death disputes arose between the appellant and the respondent. The appellant claimed the intestate estate as sole heir, alleging that the respondent had never been legally married to the deceased. Eventually the daughter brought a suit to establish these allegations. The widow brought another suit, alleging that there was an agreement between the parties to refer their disputes to arbitration and prayed that the dispute should be so referred. These two suits were compromised, and it was agreed between the parties that all disputes existing between them should be referred to Dr. Rajendra Prasad as sole arbitrator.

(3.) The points which the arbitrator had to decide were : (1) What were the properties in respect of which Mr. Deep Narain Singh died intestate? (2) How were these properties to be enjoyed by the respective parties? On 12 August 1937, Dr. Rajendra Prasad made his award in which he decided what properties formed part of the intestate estate. He further held that subject to payment of certain debts, these properties should be enjoyed half and half by the parties for their lives. The question as to who was entitled to the properties after the deaths of the parties was left to be decided in the ordinary course of law. A decree was passed in terms of this award, and eventually the appellant sought to execute the decree.