- (1.) The question involved in the present appeal is as to whether the arbitration award made rule of court amongst the parties giving restricted right to Ram Devi widow of Murari Lal would become absolute owner as per provisions of Section 14 (1) of the Hindu Succession Act, 1954 or not much less whether sub Section 14 (2) would apply.
(2.) Before adverting to the rival submissions of the counsel for the parties, It would be apt to give preface of the matter.
(3.) The plaintiffs-appellants instituted a suit seeking declaration to the effect that the Will dated 4.7.1991 allegedly executed by Ram Devi widow of Murari Lal was forged, false, fictitious, fabricated much less not binding on the rights of the plaintiffs and the decree dated 11.9.1990 suffered by Ram Devi in favour of Deepak Kumar in Civil Suit No. 923-1 of 1990 titled as Deepak Kumar Vs. Smt. Ram Devi is also null and void and not binding on the rights of the plaintiffs on the premise that plaintiffs and defendant Nos. 1 to 5 are legal heirs of Smt. Ram Devi and Murari Lal. Ram Devi died on 4.3.1997 leaving behind the plaintiff and defendant Nos. 1 to 6 whereas Murari Lal died during life time of Ram Devi. On 23.7.1987 in order to settle the dispute of the property, the parties executed an agreement for appointment of an arbitrator to settle the dispute amongst sons, daughters and Ram Devi. The arbitrators were appointed. They gave their award on 18.10.1987 and as per the award Ram Devi was made limited owner of the property with a rider that she was prohibited to sell, mortgage or will, out the property fallen to her share and after her death his all four sons, plaintiff and defendant Nos. 1 to 3 shall inherit her property in equal share. The trial court dismissed the suit similarly, the lower appellate court affirmed the finding of the trial court.;