MAFATLAL MOTILAL Vs. KANIALAL TRIKAMLAL

JUDGEMENT

(1.) The only questions with which we have to deal in this judgment arise upon the construction of the will of Mathuradas made in the year 1873 for the later will upon which the respondent also relied as showing that Gangabai had an absolute interest in the property in suit has been held in litigation between the plaintiff and Ganga not to be proved.

(2.) By the first clause of the will of 1873 the testator stated that his son Girdhar s conduct not being good he gave him no authority in that will and made no provision for him. We entertain no doubt that the testator excluded Girdharlal by these words from participation in the property dealt with by the will, which, upon the contentions of the parties, must be taken to be the self-acquisition of Mathuradas.

(3.) The property is then described. It consisted of one house and the middle and third story of another house in Ahmedabad sufficiently capable of identification by the description given. The other immoveable property was one field in Shahawadi Taluka Daskroi in Ahmedabad District bearing Survey No. 123.