Judgement

Consolidated Appeal and Cross-Appeal (No. 106 of 1929) from a decree of the Court of the Judicial Commissioner, North-West Frontier Province (October 12, 1928), reversing a decree of the District Judge of Peshawar (January 31, 1928).

The consolidated appeal arose out of a suit instituted in 1927 by the above named Mst. Koklan, claiming that under the will of her husband, Mul Chand, who died in 1899, she was entitled upon the death in 1918 of her son Tara Chand to a half share in property disposed of by the will. The plaintiff prayed for a declaration and for partition. The first two defendants were in possession of the other half of the property as grandsons of Mohan Lal, to whom it had been bequeathed by the will. They did not dispute the plaintiffs claim, and they were joined as pro-forma parties to the appeal. The third defendant, Mst. Bolo, the widow of Tara Chand, by her written statement contended (inter alia) that the plaintiff was entitled to no interest under her husbands will.

The material terms of the will and the relevant facts appear from the judgment of the Judicial Committee.

The District Judge of Peshawar dismissed the suit. In view of the importance which