JUDGMENT

Lindsay, J. - The plaintiff in the suit out of which this appeal has arisen is one Lala Janeshar Das and the defendant Musammat Phul Kunwar alias Phulwanti Run war is the widow of the plaintiff's deceased brother Lala Badri Das.

2. The father of the plaintiff and Lala Badri Das was one Lala Paras Das,who died on the 2nd of May 1903. Paras Das, in addition to the plaintiff and Badri Das, left another son named Dharam Das who died several years before the present suit was brought.

3. At the time of their father's death Badri Das and Janeswar Das were minors.

4. On the 16th of November 1902 Lala Paras Das executed a Will dealing with all the property belonging to himself and to the joint family. He executed a codicil to this Will on the 12th of March 1903 and a second codicil on the 17th of April 1903.

5. The Will and the codicils were deposit- ' ed in the Office of the District Registrar of Saharanpur and were opened in. the presence of one Girdhari Lal on the 9th of May 1903. Girdhari Lal, under the Will of Paras Das, had been appointed the guardian of his two minor sons Badri Das and Janeshar Das and it is proved that Girdhari Lal was a witness to the first and second codicils