majidun nisa daughter died in 1920 syed meharaban ali respondent number1 the appellants are the legal representatives of ishtiaq ahmed.
1950 p.c.
the decree dismissing the appeal was companyfirmed by the high companyrt in the second appeal filed by them.
both the parties filed objections to the award before the learned 11 civil judge meerut.
the arbitrator was of the view that the judgment of the high court was number res judicata as regards the title of the parties to the properties.
he held that the judgment of the high companyrt relied on by the arbitrator did number operate as res judicata between the parties as regards the title to the properties and that the decision of the arbitrator based as it was on that judgment operating as res judicata was manifestly wrong and the award was consequently vitiated by an error of law apparent on the face of the award.
he argued that the award was vitiated by an error of law apparent on the fare of the record as the award proceeded on the basis that the judgment of the high companyrt did number operate as res judicata in respect of the title of the parties to the properties and therefore the decision of the district judge setting aside the award was companyrect.
the arbitrator held that meharban ali and kaniz fatima had numbertitle and so were number companybhumidhars of the properties with ishtiaq ahmad.
ishtiaq ahmed contended that all the assets of buniyad ali were inherited by his son aftab ali and that after the death of aftab ali in.
meharban ali and kaniz fatima claimed that they were companybhumidhars 1 of the properties along with ishtiaq ahmed.
the plaintiffs in the suit suit number 600 of 1934 preferred an appeal from the decree.
r. p. gupta companysidered the case.
number 128 of 1929 by ishari prasad the defendant in that suit on the foot of a mortgage deed dated numberember 5 1925 executed in his favour by matlub un nissa did number affect the shares of meharban ali and kaniz fatima in the mortgaged properties and that the mortgage and the decree obtained thereon were invalid to the extent of their shares in the properties.
ishtiaq ahmed also claimed title to the properties by adverse possession.
that was dismissed.
for reaching this companyclusion the arbitrator mainly relied on a judgment of the high companyrt of allahabad which according to the arbitrator operated as res judicata between the parties with respect to the title to the properties.
the trial companyrt passed a decree dismissing the suit holding that kaniz fatima and meharban alis mother relinquished their shares in the properties and that matlub un nissa the mortgagor alone was entitled to the properties and therefore the mortgage and the decree based thereon were valid.
in the companysolidation proceedings under the act with respect to the properties in question which originally belonged to buniyad ali dispute arose between ishtiaq ahmed on the one hand and meharban ali and kaniz fatima on the other hand as regards the title to them.
ishari prasad the defendant in that suit companytended that matlub un nissa the mortgagor alone was entitled to the properties mortgaged and that the decree obtained by him on the mortgage was valid.
appeal by special leave from the judgment and order dated the may 19 1967 of the allahabad high companyrt in first appeal number 424 of 1969.
the arbitrator mr.
number let us companysider the nature of the judgment passed by the high companyrt and see whether it operated as res judicata in respect of the question of title of the parties to the properties and whether there was any manifest error of law apparent on the face of the award that judgment related to the properties in dispute and was passed in second appeal from a decree in a suit suit number 600 of 1934 instituted by meharban ali kaniz fatima and ishtiaq ahmed for a declaration that the decree obtained in o.s.
he therefore set aside the award and remitted the case to the arbitrator for a fresh decision.
civil appellate jurisdiction civil appeal number 1646 n of 1967.
1910 and his widow in 1925 he became the exclusive owner of the properties as the other heirs had relinquished their rights in them.
p. goyal and sobhagmal jain for the appellants.
kuri his widow died in 1900 smt.
he came to the companyclusion on the basis of the oral and documentary evidence that the parties were companybhumidhars of the properties except in respect of 9 bighas 3 biswas 3 biswasis and determined their shres in the properties.
in substance the companytention of ishari prasad was that meharban ali and kaniz fatima had no title to the properties as the latter and the formers mother had relinquished their shares and that the title to the properties vested exclusively in the mother of ishtiaq ahmed namely matlub un nissa.
the respondents filed a revision before the high companyrt against the decision of the district judge and the high court reversed the decision and restored the decree passed by the civil judge companyfirming the award.
hira lal jain number present for respondent number 1 a .
ishtiaq ahmed died during the pendency of the appeal and his legal representatives the present appellants prosecuted the appeal.
the civil judge companysidered the objections and found that there was numbermanifest error or illegality in the award and he companyfirmed the award.
s. desai and n. m. kshatriya for respondent number 1.
against this award ishtiaq ahmed filed objections before the ii civil judge meerut.
kaniz fatima mukhtiar ahmad appellant number 3 smt.
died in 1910 intisar ahmad appellant number2 matluban nisa died in 1925 smt.
ishtiaq ahmed preferred an appeal from this decision before the district judge.
tarifun nisa daughter died in 1905 or 1906 shri ishtiaq ahamad iftikhar ahmad appellant number1 sri aftab ali smt.
the judgment of the companyrt was delivered by mathew j. in this appeal by special leave the question for companysideration is whether the high companyrt of allahabad was right in setting aside the decree passed by the district judge meerut in appeal setting aside an award passed by the arbitrator appointed under the uttar pradesh consolidation of holdings act 1953 hereinafter referred to as the act in order to appreciate the question in issue the following pedigree is useful buniyad ali smt.
