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Agent for the respondents: Sardar Bahadur Saharya. Mohan Dei’s son Shri Kishan Das died and Kishan Lal thereupon became the next presumptive reversioner, and in October, , when the reversion opened out the estate vested in him, or rather would have vested in him but for the estoppel. But we need not examine these points because we do not need to proceed on the binding nature of the award. , Dhiyan Singh, whose testimony is uncontradicted, and his acceptance of the estate with all its consequential benefits, unquestionably creates an estoppel in him.

Mohan Dei an absolute interest. She died in and on that date Jairam was entitled to his grandfather’s share as both his father and grandfather were dead. Mohan Dei an absolute interest in the suit property. We do not think the fact that there was a voluntary compromise whereas here there was the imposed decision of an arbitra- tor. He claimed that he was joint with Shanker Lal and so, on Shanker Lal’s death he became entitled to the whole of the estate and that Mst.

He knew that mutation had been effected in accordance with it and Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 possession taken by Brijlal under it and that the rest had been retained by Mst. That, in our opinion is a representation of an existing fact or set of facts. In that case the reversion did not fall in till . Mohan Dei to believe that they also acknowledged her title to an absolute estate. The Judicial Committee rejected the claim on the ground of estoppel and held that even though the plaintiff claimed in a different character in the suit, namely as reversioner, he having been a party to the compro- mise and having acted on it and induced the other side to alter her position to her detriment, Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 was estopped.

There can be no doubt that she acted to her detriment and Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 there can, we think, be equally no doubt that she was in- duced to do so on the faith of Brijlal’s statements and conduct which induced her to believe that he accepted all the implications of the award. But apart from this, there was also an independent estoppel in Kishan Lal. See Ramgouda Annagouda v. Mohan Dei possessed into two categories. Now this dispute, seriously pressed by both sides, was referred to arbitration.

Mohan Dei had a son Shri Kishan Das who was the next presumptive reversioner and as the boy was a good deal younger than Brijlal, Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 Brijlal’s chances were slim. makes any difference because we are not proceeding on the footing of the award but on the actings of the parties in accepting it when they need not have done so if the present contentions are correct. The judgment of the Court was deliv- ered by BoSE J. We have no doubt he did.

It is beyond dispute that he laid serious claim to the property in . The defendants say that it gave Mst. Mohan Dei an absolute interest in the lands awarded to her. Mohan Dei died, that is, for a further forty years, and led Mst. Jairam accordingly reaped the benefit of the transaction. Had he lived another eight or nine months he would have succeeded and the plaintiffs would have been nowhere.

His retention of the property therefore and his continuing to deal with it on the basis of the award indicated his own acceptance of the award and, therefore, by his acts and conduct, he represented that he also, like his father, Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 admitted the existence of facts which would in Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 give Mst. Brijlal claimed the entire estate by survivorship, his allegation being that Shanker Lal died in a state of joint- ness with him and that all the properties were joint family properties.

The question at issue is a simple one of construction. Appeal from the judgment and decree dated th October, , Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 of the High Court of Judicature at Allahabad Allsop and Malik JJ. The defendants claimed that the plaintiffs were bound by the award and Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 were in any event estopped from challenging it. The defendants admit that Shanker Lal was separate from the other branch of the family. S died in leaving a daughter M, surviving him. We think it would be pointless to examine them because we are concerned here with the document before us and even if it be conceded that words which would ordinarily mean one thing can be qualified by other words and circumstances appearing in the same document, Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 we are of opinion that the passages and circumstances relied on in this case do not qualify the strong, clear and unambiguous words used in this document.

Mohan Dei an absolute estate. ” The underlining is ours. They partitioned the estate between themselves and sold away parts of it to third parties. Muta- tion was effected and Kishan Lal raised no objection. Mohan Dei to act greatly to her detriment and to alter her position by accepting the award and parting with an appreciable portion of the estate, and he himself obtained a substantial advantage to which he would not otherwise have been entitled and enjoyed the benefit of it for the rest of his life; and to his credit be it said, he never attempted to go behind his decision.

The plain- tiffs state that the two branches of the family were sepa- rate at all material times; that on Shanker Lal’s death in his daughter Mst. Had he questioned the award and reopened the dispute Mst. the consenting reversioner is estopped. She dealt with it on that footing and gifted it in that right to her grand- sons, the contesting defendants, on th April, . Actually, the boy survived Brijlal by nearly forty years.

We turn next to his son Kishan Lal. The operative portion runs thus: “Having regard to the specifications give above, Brij Lal, first party, and Musammat Mohan Devi, the deceased’s female issue, second party, have been held entitled to shares, worth Rs. He had purchased some and acquired others through mortgages in her name but she was only a benamidar and had no title to them. The decision of the Judicial Committee which we have just cited, Kanhai Lal v.

The nature of the dispute and the de- scription of it given in the award show that there was considerable doubt, and certainly much dispute, about the true state of affairs. Long before that, namely in , the next presumptive reversioners entered into a compromise whereby the grandfa- ther of one Jairam who figured in that case obtained a good deal more than he Would have been entitled to in the ordi- nary way.

Second, that some of the properties in dispute were ancestral and the rest sell acquired, though whether with the help of ances- tral funds or not the arbitrator was unable to determine. Ghas Ram Onkar Prasad The dispute is about property which, according to the plaintiffs, formed part of Shanker Lal’s estate. But it is to be observed that the extra benefit which he derived was only as to a gundas share because he had an absolute and indefeasible right to anna gundas in any event in his own right under a title which did not spring from the com- promise.

Agent for the appellants: Ganpat Rai. The present case is very different. 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. Under it the suit properties were given to M and the rest of the estate then in dispute was given to B. It was contended, however, on the strength of Rangasami Gounden v. Mohan Dei to part with it by representing that he accepted the award and her abso- lute title to the rest, and after him Kishan Lal and his brother between them enjoyed the benefit of it from or down to October when Mst.

clear and unambiguous and were not qualified by. The Judicial Committee also added that even if it was possible to assign this gundas with certainty to the gundas it by no means followed that the plaintiffs admitted that fact nor Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 would that necessarily have given them a benefit under the compromise. This dispute was referred to arbitration and an award was delivered. ” And lastly, this passage– ; S. also acted on the award and claimed absolute rights in the property assigned to her.

The defendants claim that the plaintiffs are bound by this award and are in any event estopped. They had the right to contest ‘the position and gamble on the possibility of being able to prove the contrary. These are properties which, according to them, she purchased or obtained under mortgages in her own right.

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