9911796707
TMI Blog1930 (7) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... 1896, and died in the year 1899, 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 immovables. 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? 4. 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 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... absolutely to a moiety of the estate left by Kanhaya Lal and, if not, then what on the construction of Kanhaya Lal's will is the interest of Mt. Koklan or of Mt. Bolo. 6. Counsel for Mt. Bolo submitted that the testator by the words: 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 intended that the interest which Tara Chand was to aequire under the will would go over to his mother only if Tara Chanel died before the testator or If he died during his minority but not otherwise. 7. He further submitted that in construing this will, which is the will of a Hindu, it is proper to take into consideration what a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mothers of the minor Sant Ram, Hari Ram and Mehr Chand, to manage the property and that arrangement has been continuing up to date. The account books of the property show that the income has been credited half and half to the two branches of Sultan Singh's descendants : an allowance of ₹ 20 p. m. has been made to Mt. Koklan and it has been debited all along first to Tara Chand's account and later to Mehr Chand's. Since the death of Surjan Das and Tara Chand the mothers of the minors have been receiving from the property a sum of about ₹ 400 a month for their various expenses. Kanhaya Lal's widow and descendants continued to live jointly until four or five years ago when Mts. Koklan and Balo began to live separat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it, then their Lordships are of opinion that the suit is within time. Article 120 is as follows: 13. There can be no right to sue until there is an accrual of the right asserted in the suit and its infringement or at least clear and unequivocal threat to infringe that right by the defendant against whom the suit is instituted. No doubt Mt. Koklan's right to the property arose on the death of Tara Chand, but in the circumstances of this case their Lordships are of opinion that there was no infringement of, or any clear and unequivocal threat to her rights till the year 1922, when the suit, as stated above, was instituted, 14. Mt. Koklan was living as a member of a joint family consisting of herself, her infant grandson ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
