Judgement

Appeal (No. 40 of 1927) from a decree of the Court of the Judicial Commissioner of the North-West Frontier Province (March 11, 1923), affirming a decree of the Divisional Judge of Peshawar.

In 1919 one Teku Ram, a Hindu, deposited with the Alliance Bank of Simla a lakh of rupees, which was his self-acquired property ; the deposit was in the names of himself and his wife Gujri (the second appellant), and was made payable to either or the survivor. He died in 1920, being survived by his said wife" and three sons. After his death Gujri withdrew the money with interest through her son Guran Ditta, the first appellant.

In 1921 the respondent, the eldest son, brought the present suit against his mother and his two brothers ; he alleged that he and his brothers formed a joint Hindu family, and prayed for a decree for a third of the money against any of the defendants who was in possession of the fund. The defendants by their written statement alleged that the money-belonged to Gujri under a will made by her husband, alternatively that it was a gift by him to her ; they also pleaded that the suit was incompetent, since it was for a partial partition.

By a preliminary judgment the