T.P.S.CHAWLA, J. - (1.)Many years ago there lived in Peshawar a man named Tara Chand Saraf. It appears that he had a Jeweller's business. He had no children. On 20th December 1927 he made a will and had it registered. The original will is lost, or at any rate is not now traceable or procurable. Mr. Partap Singh, one of the present trustees of the trust created by that will, has made a statement before me to that effect. He says that he went to Peshawar in 1964 and tried to locate the original will, but was unseccessful. He also says that he was informed that the records pertaining to the will in the office of the Sub-Registrar, Peshawar, had been burnt. I have no reason to disbelieve him. As secondary evidence a printed copy of the will has been proved by this gentleman and marked Ex. P-1. No other copy is available.
(2.)The will is in Urdu. A transliteration has been placed on record which I will use for quotation. First of all there is a recital in which the testator says:
"Whereas by the grace of the Wahe-Guru (the Almighty) I am possessed of self-acquired property moveable and immoveable and whereas I have no issue and am desirous that no other persons should claim to be my relatives and raise disputes after my death, and whereas life is uncertain, I hereby make the following will to be acted upon after my death".

Then after revoking two previous wills, the testator describes five immovable properties owned by him. Under the head 'movable property' he refers to 'the entire cash as per the account books to be found at the shop or the jewellery mortagaged or the amounts owing to us on pronotes, hundies, mortage-deeds or bonds'. He proceeds to name a committee of six trustees to manage and supervise his estate. He exhorts them to act according to his wishes recorded thereinafter.

(3.)Next the testator devises some of his immovable properties and makes certain bequests. He continues :
"The shop together with the Bala Khana situate in Bazar Karimpura should be maintained as such for charitable purposes by the appointed trustees and the rent recovered should be included in the income. The entire movable property aforesaid is dedicated for charitable purposes by me. An amount of Rs. 50.000.00 should be taken out of it and a building be constructed at Hardwar therewith, which should bear my name and the words 'Tara Chand Saraf Arorbans Peshawari Musafir Khana. This building should have two portions: one for Guru Granth Sahib and the other for Idols of Krishan Maharaj and Radhika for which a Granthi Singh and a Pujari should be employed separately. The pilgrims from Peshawar who come there should be allowed to stay without being charged rent, and with a view to maintaining this place for over a sum of Rs. 50,000.00 should be kept apart and the income thereform should be spent exclusively on the-same. Such amount as remains after paying the salaries of the sewadars and meeting the cost of repairs and other necessary expenses should be used for a daily langar' where every person is provided free meals without any discrimination. Outside Asa Mai Gate, Peshawar city, there is a building of a Gurdwara. I have a desire to construct the same. If it remains unconstructed during my life-time it should be constructed and a board with the words 'Tehal Karai Tara Chand Saraf Yaadgar Apni Pushtaine' should be affixed thereon."

At this stage a few specific bequests are made, and in conclusion the testator enjoins :

"Whatever amount out of the income from my property movable and immovable remains after accomplishing the aforesaid objects should be spent on the construction of a hospital for women on the ground floor of the Dharamsala of Bhai Beeba Singh where treatment should be provided to Hindu and Sikh women. Medicines should be supplied free of charge. The amount required for the construction of the building of the hospital should be taken out of my funds meant for charitable purposes. If the income permits it should be expended on the education of women, girls school, and providing assistance of widows. The hospital should be named 'The Tara Chand Saraf Hospital for Women'."