KIDWAI,J. - (1.) Raja Chetpal Singh was the owner of the Noorpur estate (commonly called the Chetpalgarh estate). His name was entered in respect of the said estate at Nos.274 and 88 respectively of lists I and III prepared under S.8, Oudh Estates Act (I of 1869). On 5 -6 -1891, Chetpal Singh made a gift of certain items of property to Rani Dilraj Kuer Raja Chetpal Singh had an only son Inderpal Singh who died issueless on 23 -12 -1894. Thereafter on 24 -6 -1895, Chetpal Singh executed a will bequesting his property, movable and immovable to his wife, Rani Dilraj Kuer. This will Ex. A -4, provided for the eventuality of there being an after -born son or of the testator adopting a son and it made due provision also for the testators mother and his widowed daughter -in -law.
(2.) ON 6 -2 -1901 Raja Chetpal Singh died and Rani Dilraj Kuer applied for mutation of names to be effected in her favour. Her application was opposed by Raghunandan Singh, on behalf of his son Bhagwati Prasad Singh who, he claimed, had been adopted by Raja Chetpal Singh and he set up a deed purporting to be a deed of adoption dated 1 -2 -1901 and registered on 4th February. The Deputy Commissioner of Partapgarh granted the application of Rani Dilraj Kuer and, by his order dated 6 -4 -1901, he ordered mutation of names to be effected in favour of Rani Dilraj Kuer. In September 1901, for some reasons, Rani Dilraj Kuer instituted a suit against Bhagwati Prasad Singh, under the guardianship of Raghunandan Singh, for a declaration that Bhagwati Prasad Singh was not the adopted son of Raja Chetpal Singh and that the alleged deed of adoption was invalid. The Subordinate Judge dismissed the suit on 27 -5 -1903, and Rani Dilraj Kuer appealed but her appeal was also dismissed by a Bench of the Court of the Judicial Commissioner of Oudh by its judgment dated 14 -10 -1904. Thereafter on 17 -12 -1904 the Judicial Commissioners granted Rani Dilraj Kuer leave to appeal to the Privy Council.
(3.) IN the meanwhile Bhagwati Prasad Singh had, through his next friend, instituted a suit against Rani Dilraj Kuer for possession of all the property left by Chetpal Singh. This suit was stayed pending the decision of the Privy Council appeal. On 12 -2 -1907, the parties to the litigation referred all their disputes to arbitration and appointed the Advocates for the parties. Bahua Ishwari Dayal and Ram Chandra arbitrators, undertaking to abide by the unanimous decision of the arbitrators whatever it was (vide Ex. A -9).;