BHAIDAS SHIVDAS Vs. BAI GULAB

JUDGEMENT

(1.) The real question involved in the dispute giving rise to this appeal was a question as to the construction of the will of one Nathoo Moolji, who died on the 8 December, 1894, affecting the respective estates and interests that were taken by the testator's widow and his two daughters, One of the daughters died in the life-time of the widow, and her heir who is the present appellant, instituted, on the widow's death in the High Court of Judicature in Bombay, Ordinary Original Civil Jurisdiction, the proceedings out of which this appeal has arisen, claiming that, according to the true construction of the will, he was entitled to a vested one-half share in the testator's property.

(2.) The learned Judge before whom the suit was first heard dismissed the application and held that there was an intestacy after the widow's death.

(3.) An appeal was taken from that judgment and heard before Chief Justice Scott and Mr. Justice Heaton. They differed their opinion. Chief Justice Scott thought that the plaintiff was entitled to the relief he claimed; Mr. Justice Heaton, on the other hind, agreed with the Judge who had first tried the suit. The course then taken was to refer the matter to two other J.udges, Mr. Justice Batchelor and Mr. Justice Shah, who also decided adversely to the plaintiff's contention.