- (1.) We heard Mr. S.T. Desai, learned counsel for the appellants and Mr. Shanti Bhushan, learned counsel for the respondents. Our conclusion is as under :
(2.) Award of the arbitrator dated April 2, 1901 is legal and valid and is binding on the parties to this appeal notwithstanding the fact that Smt. Jiwani, widow of Jawahar, son of Patram was not a party to it. It was acted upon and cannot be rejected on the ground that it was not acted upon.
(3.) Nagar, son of Patram who was the common ancestor of the parties to this appeal received ⅓rd share in the property allotted to Smt. Jiwani, widow of Jawahar, son of Patram after the death of Smt. Rain Kaur, her daugater in the award dated April 2, 1901, the other ⅔rd share having gone to Dulli and Diwan, both sons of Patram.;