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1904 DIGILAW 81 (ALL)

Mallu Mal v. Jhamman Lall

1904-05-16

AIKMAN, KNOX

body1904
JUDGMENT : KNOX, J.: The subject-matter in dispute is the plaintiff's right to a share in one and a half shops. The plaintiff, now appellant is transferee from one Haidar Baksh, and no doubt there are decisions in which the right of Haider Baksh to the property in dispute has been maintained against the present respondent. 2. But the effect of these decisions was nullified by what took place subsequently in a partition suit between the parties to this appeal in which the title now set up by the plaintiff was a matter directly and substantially in issue, and was clearly decided adversely to the appellant by the award of an arbitrator chosen by the parties, upon which award a decree was passed and has now become final. The result of the litigation in 1899 overrides all the previous decisions upon which the appellant relies. The appeal is dismissed with costs.