BOLO Vs. KOKLAN

JUDGEMENT

(1.) THESE are two consolidated appeals, one by the plaintiff, Mst. Koklan, and the other by the defendant Mst. Bolo, from a judgment and decree, dated October 12, 1928, of the Court of the Judicial Commissioner, North-West Frontier Province, Peshawar, which reversed a judgment and decree, dated January 31, 1928, of the District Judge of Peshawar, and made a decree partly allowing the plaintiff's claim and partly dismissing it.

(2.) KANHAYA Lal executed his last will and testament on May 27, 1896, and died in the year 1899, leaving surviving his sole widow the plaintiff, Mst. Koklan, his infant son Tara Chand, and his great nephew Mohan Lal, as will appear from the following pedigree: Sultan Singh. |---------------------------------------| | | Wiaakbi Bam Jul Mal KANHAYA Lal =Musammat Koklan | | (died 1899)(Plaintiff)Moti Ram Muaammat Sarasti || ------------------------ years) Chand Mohan Lal | |Musammat |Musammat |Tara 1918)marriad (died 1910) Nikki Bhappo (died | Musammat Bolo | (Defendant No. 3)Chand (died 1918)| Surjan Das |Mehr March 1927 | (died | aged 10 | |Sant Ram Hari Bam, minor(Defendant No. 1) (Defendant No. 2)

(3.) THE important clause in the will is the fourth and it runs as follows:If I die, my real son-Tara Chand, minor, aged two years, may be held and considered as proprietor of half of the whole property specified in the will, jointly with Mst. Koklan, his mother. If, God forbid, the mother of the said Tara Chand minor dies before him, then the said Tara Chand shall become the owner of the said half share and in case Tara Chand minor dies before his mother, then the latter shall be held and considered to be the owner of the said minor's half share in the entire property. Mst. Koklau shall act as guardian of the person and property of Tara Chand during his minority. It is further noted here that if Tara Chand is not present, i. e., if he dies, then Mst. Koklan shall be competent in every respect to alienate the said half share in the property by way of Dharam Khata, etc., (i.e., charitable purposes, etc.) but she shall have no power to alienate by gift or by other way any portion of the said property either to her parents or relations on her mother's side. "As regards the remaining one half share of the property noted in the will it shall go to Mohan Lal, son of Narinjan Das, caste Arora (by profession a physician) of Mohallah Kocchi Khan ilaqa Dabgari gate, Tahsil Peshawar, who is the son of my brother's daughter, and after his death his children shall succeed to this half share of the property.