Judgement

Consolidated Appeal (No. 25 of 1924) from three decrees of the High Court (April 4, 1922) in appeals under the Letters Patent, reversing three decrees of the Division Bench of the same Court, which affirmed three decrees of Subordinate Judge of Bezwada.

The three suits giving rise to the consolidated appeal were brought in 1916 by the respondents against the appellants to recover legacies bequeathed by the will of Venkayyamma Rao, who died in 1899.

The main questions arising upon the appeal were as to the construction and effect of the will, and whether the suits were barred by limitation. The facts, including the material parts of the will, appear from the judgment of the Judicial Committee.

The Subordinate Judge held that the suits were barred by the Indian Limitation Act, 1908. In his view art.123 did not apply, as the defendants were not executors or administrators of the will, but he held that the suits were barred under either art.120 or art.52.

Upon appeal to the High Court, Sadasiva Ayyar J. agreed with the view of the Subordinate Judge, but Phillips J. was of opinion that the suits were not barred. Decrees dismissing the appeal were accordingly made.

Upon consoli