MT BOLO Vs. MT KOKLAN

JUDGEMENT

(1.) These are two consolidated appeals, one by the plaintiff, Mt. Koklan, and the other by the defendant, Mt. Bolo, from a judgment and decree, dated 12 October 1928, of the Court of the Judicial Commissioner, North-West Frontier Province, Peshawar, which reversed a judgment and decree, dated 31 January 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 27 May 1896, and died in the year 1889, leaving surviving him his sole widow, the plaintiff Mt. Koklan, his infant son Tara Chand, and his great nephew Mohan Lal, as will appear from the following pedigree :

(3.) The properties left by Kanhaya Lal consisted of moveables and immovable. They were self-acquired and were not ancestral. Two questions are before their Lordships for their decision in this appeal : (1) What is the interest of the plaintiff and the defendant Mt. Bolo in the property left by Kanhaya Lal ? (2) Is the claim of the plaintiff in this suit barred by limitation ?