Lord Atkin:-

These are two appeals from orders of the Court of the Judicial Commissioner, North-West Frontier Province, made in what may be hoped to be the final stages of a protracted litigation in the course of a family dispute. T.R. Ditta, now deceased and represented by the respondents, was the son of one Teku Ram, by a wife who predeceased him. His two brothers, Guran Ditta and Hari Chand, are the sons by another wife, Mt. Gujri, who Survived him and was a party to the litigation. Teku Ram, amongst other property, was entitled to a deposit of Rs.1,00,000 in the Alliance Bank of Simla, in the names of his wife, Mt. Gujri, and himself or either or the survivor. After his death the widow instructed the bank to pay to the appellant, Guran Ditta, which they did on 14th May 1921 the amount with interest, amounting to Rs.1,05,000. In August 1921, T.R. Ditta commenced a suit against the two brothers and Mt. Gujri claiming that the Rs.1,00,000 was part of the estate of Teku Ram, and claiming his share, one-third, as part of the joint property. The widow set up an absolute gift to her, which was negatived by both the Courts in India, and a money decree was made against the widow and Gura