- (1.) These two appeals arise out of the same suit and can be disposed of together.
(2.) On Chander Mohan made a gift of a house exclusively belonging to him in favour of his nephew Gian Chand appellant by a registered deed dated 29-6-1937. Chander Mohan appears to have changed his mind subsequently and on 8-12-1937, he filed a suit for cancellation of the gift. The parties to the suit agreed to refer the dispute to R. B. Harish Chand as the sole arbitrator. The arbitrator gave his award on 20-6-1938, and on the same day the award was made a rule of the Court and a decree on the basis of it was passed. The arbitrator instead of confining himself to the matter in dispute proceeded to decide as to how the property was to devolve after the death of Chander Mohan the donor. In order to understand the terms of the award, a pedigree table of the parties now before us has to be given and it is as follows: MURLI MOHAN ____________________________|____________________________ | | | Hirde Mohan Chander Mohan Mohinder Mohan | defendant No. 2 | Gian Chand | | Deft. No. 1 ___________|___________ | | | | Mst. Tarawati Ram Devi | deceased daughter from first wife Deft. No. 4 | | (second Wife) | | | | Vijay Kumar Rabinder Mohan | Deft. No. 6 (Minor) | (Deft. No. 3) | ________________________________________________________ | | | | Prem Narain Roop Narain Kishan Narain Plaintiff Plaintiff Plaintiff
(3.) According to the award Chander Mohan, the donor, was to remain in possession of the house as a tenant for life. After his death the house was to be divided as under: (1) One-third to go to his daughter Mst. Tarawati and after her death to her son absolutely. (2) One-third to go to Gian Chand defendant. (3) The remaining one-third to go to Prem Narain, Roop Narain and Kishan Narain, the plaintiff's. Chander Mohan died intestate on 21-5-1947. On 17th June 1954, Roop Narain and others, sons of Mohinder Mohan, instituted the present suit for accounts and recovery of their one third share in the rents and profits of the house, which was in exclusive possession of Gian Chand defendant No. 1. Mohinder Mohan the plaintiffs' father, Ram Devi and her son Rabinder Mohan, and Vijay Kumar son of Tarawati were impleaded as pro forma defendants.;