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Issues:
1. Interpretation of the will of Kanhaya Lal regarding the property left by him. 2. Determination of the interest of the plaintiff and the defendant in the property. 3. Examination of whether the plaintiff's claim is barred by limitation. Analysis: Issue 1 - Interpretation of the will: The will of Kanhaya Lal, executed in 1896, specified the division of his property among his widow, Mt. Koklan, his son Tara Chand, and his great-nephew Mohan Lal. The crucial clause in the will outlined the succession of ownership in case of Tara Chand's death. The court emphasized giving the words of the will their plain meaning, holding that Mt. Koklan became entitled to a share of the property upon Tara Chand's death, refuting arguments to restrict the interpretation based on customary Hindu practices. Issue 2 - Determination of interests: After Tara Chand's demise, the question arose whether Mt. Koklan became the absolute owner of a share of Kanhaya Lal's estate. The court ruled in favor of Mt. Koklan, stating that she was entitled to a moiety of the property, while Mt. Bolo had no interest therein. The judgment clarified the rights and ownership as per the will's provisions, establishing Mt. Koklan's entitlement to a specific share. Issue 3 - Claim barred by limitation: Regarding the limitation of the plaintiff's claim, the court examined the applicability of various articles under the Limitation Act. The court held that the right to sue did not accrue until the institution of the suit in 1922, thus rejecting arguments that the claim was time-barred. The judgment highlighted the circumstances under which the right to sue arises and emphasized the absence of a clear threat to the plaintiff's rights until the specified period. In conclusion, the High Court, before the Privy Council, upheld the interpretation of Kanhaya Lal's will, determined the respective interests of the parties, and ruled that the plaintiff's claim was not barred by limitation. The judgment favored Mt. Koklan's entitlement to a share of the property, directing a decree for partition and remittance of the suit for further proceedings. The costs were apportioned accordingly, with Mt. Bolo directed to pay Mt. Koklan's costs before the Board.
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