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PETITIONER: DHIYAN SINGH AND ANOTHER
Vs.
RESPONDENT: JUGAL KISHORE AND ANOTHER.
DATE OF JUDGMENT: 22/02/1950
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN FAZAL ALI, SAIYID
CITATION: 1952 AIR 145 1952 SCR 478 CITATOR INFO : F 1953 SC 98 (22) F 1955 SC 481 (58,62) RF 1961 SC 797 (11) R 1971 SC1041 (4,5,6) F 1976 SC 794 (16) F 1976 SC 807 (39,41)
ACT: Arbitration--Award--"Malik Mustaqil ", meaning of--Whether conveys absolute estate--Award acted upon--Estoppel against contesting its validity.
HEADNOTE: S and B were sons of two brothers respectively. S died in 1884 leaving a daughter M, surviving him. On the death of S dispute arose between B and M. B claimed the entire estate by survivorship, alleging that S died in a state of jointness with him and that all the properties were joint family properties and M was entitled only to maintenance. The dispute was referred to arbitration and an award was delivered. Under it the suit properties were given to M and the rest of the estate then in dispute was given to B. The operative part of the award stated inter alia that B, first party, and M, the second party, were held entitled to speci- fied shares in the properties in dispute and each had become permanent owner (Malik Mustaqil) of his or her share. A division was effected and ever since the date of ...