Judgement

Appeal (No. 3 of 1929) from a decree of the Judicial Commissioner, North-West Frontier Province (July 25, 1927), reversing a decree of the Subordinate Judge of Peshawar (July 1, 1926),

The above named respondent and another, since deceased and represented by the respondent, brought a suit claiming certain movable and immovable property, as nearest reversionary heirs of one Mul Chand upon the death of his last surviving widow Sahib Devi.

The substantial question arising upon the appeal was whether a will of Mul Chand conferred upon his two widows and his daughter-in-law absolute interests, including a power to alienate, or only life interests.

The terms of the will, according to the official translation, appear in the judgment of the Judicial Committee. The word translated as " heirs " in the clause to be construed was " waris."

The Judicial Commissioner, by a judgment delivered on April 10, 1924, held (reversing the trial judge) that the testators widows and daughter-in-law took only life interests under the will. The case was remitted to be dealt with upon other points. The Subordinate Judge made a decree allowing the plaintiffs claim in part only. Upon an appeal the Jud