Judgement

Appeal (No. 54 of 1937) from a decree of the High Court (January 31, 1936) reversing a decree of the Subordinate Judge of Lyallpur (January 31, 1935).

One, Ishar Singh, who died childless on October 6, 1905, leaving him surviving a widow, Bishan Devi, and a brothers son, Sundar Singh, by his will, dated September 19, 1905, left certain properties, including " lands, situate at Lyallpur," to his wife, and declared that she should be the exclusive owner of them. He declared that his nephew, Sundar Singh, was of bad character and was to be totally disinherited. On November 12, 1906, Sundar Singh filed a suit in the Court of the District Judge, Peshawar, against Bishan Devi and others, claiming a declaration that the will of Ishar Singh was not valid and binding upon him as regards certain of the properties disposed of thereby, on the ground that they had all been acquired out of joint funds of a joint family business; the plaint stated that "a separate suit will be "brought for recovery of the ornaments, valued at Rs.15,000, "other movable property and lands situate at Lyallpur "which are in possession of the defendants."

The suit of 1906 was compromised in June, 1907, and o