SYED SHAH GHULAM GHOUSE MOHIUDDIN AND ORS. vs SYED SHAH AHMED MORIUDDIN KAMISUL QUADRI(DEAD) BY L. Rs. A

The Supreme Court ruled that the arbitration award and subsequent decree regarding Matrooka properties were vitiated due to the minor appellant being represented by a brother who was not a legally appointed guardian, violating principles of guardianship under Muslim law. The Court held that the Limitation Act, 1908, specifically Sections 18 and 144, applies, allowing for the extension of limitation where fraud is involved. The Court found that the trial court's decision to set aside the decree was justified, as the award was obtained through misrepresentation and fraud, thus allowing the appellant to pursue his claim for partition.