Judgement

Appeal (No. 15 of 1939) from a judgment and decree of the High Court in its appellate civil jurisdiction (September 8, 1936) reversing a judgment and decree of that Court in its ordinary original civil jurisdiction (February 17, 1936).

This appeal arises out of a suit brought by one Safiabai, alleging (inter alia)-that she was entitled to a share in the estate of one Ebrahimji, a Shia Mahomedan, through his mother, Jelumboo. The plaintiff prayed (inter alia) that it might be declared that Jelumboo was entitled at the time of her death to a one-sixth share of Ebrahimjis estate, and that after her death her heirs became entitled thereto; and that the share of Jelumboo might be ascertained by and under the directions of the Court and be divided among her heirs.

The facts, and a pedigree table showing the relationship of the parties, appear from the judgment of the Judicial Committee.

The trial judge (Barlee J.) held that the plaintiffs claim was within art. 106 of the First Schedule to the Limitation Act, 1908, and he dismissed the suit as being time-barred-.

On appeal the High Court (Beaumont C. J. and Rangnekar J.) held that art. 106 had no application. They set aside the