Case Note & Summary
The case involves a dispute over the interpretation of a Will and Codicil executed by one Jehangir Bomanji Boman Behram (the testator), a wealthy solicitor who died on 29th December 1949 as a childless widower. The testator had made a Will and a Codicil bequeathing his properties to various people. The appellant, Kavas Khurshad Nariman, filed a First Appeal in the Bombay High Court challenging the judgment and decree passed by the lower appellate court. The court noted that although the proceeding was registered as a First Appeal, it had to be decided as a Second Appeal. The primary legal issue was whether there was any substantial question of law involved in the interpretation of the Will and Codicil. The appellant argued that the courts below had misinterpreted the Will and Codicil. The respondents contended that the interpretation of a Will is a question of fact and no substantial question of law arose. The court, after examining the case, held that the interpretation of a Will is generally a question of fact, and unless there is misreading or non-reading of evidence, it does not give rise to a substantial question of law. The court found that the concurrent findings of the courts below were based on proper appreciation of evidence and did not warrant interference. Consequently, the appeal was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 Code of Civil Procedure, 1908 - The appeal, though registered as First Appeal, was to be decided as a Second Appeal. The court examined whether there was any substantial question of law involved. Held that the interpretation of a Will is generally a question of fact, and no substantial question of law arose in this case (Paras 1, 6). B) Interpretation of Wills - Question of Fact - The court held that the interpretation of a Will and Codicil is a question of fact, not a question of law, unless there is misreading or non-reading of evidence. The concurrent findings of the courts below were based on proper appreciation of evidence (Paras 6-7).
Issue of Consideration
Whether the appeal, though registered as a First Appeal, should be treated as a Second Appeal and whether there is any substantial question of law involved in the interpretation of the Will and Codicil.
Final Decision
The appeal is dismissed with no order as to costs.
Law Points
- Interpretation of Will is a question of fact
- not law
- unless there is misreading or non-reading of evidence
- Section 100 CPC
- Second Appeal
- Substantial question of law
