A valid surrender of the whole estate requires complete self-effacement and with respect to the whole of the estate. A partial self-effacement is not a surrender in the true sense and does not accelerate the succession to the estate.

Headnote:
SURRENDER OF ESTATE - VALIDITY - COMPLETE SELF-EFFACEMENT - RESERVATION OF CULTIVATING RIGHTS - NO ACCELERATION OF SUCCESSION - GIFT - OPERATION UP TO DONOR'S DEATH - ADVERSE POSSESSION - NO QUESTION DURING DONOR'S LIFETIME - SUIT WITHIN LIMITATION.
Fact of the Case:

In 1906, Mst. Jotkunwar executed a document transferring properties to her daughter Jira Bai and her sons. She reserved cultivating rights in sir lands of 91.5 acres. Jira Bai and her sons had four annas share each in the properties. Nankaiya died in 1909, and his share was recorded in the names of Jira Bai and her two sons Brindaban and Mathura Prasad. In November 1918, Brindaban and Mathura Prasad died. Mathura Prasad's interest was mutated in favor of Padumnath, Jira Bai's husband, and Brindaban's interest in favor of his widow, Ramdulari. Jira Bai died on 26-7-1927. Padumnath made a gift of his 1/4 share to his daughter Kamalabati in 1938. Padumnath died on 10-4-1938. Sheoshankar Dayal, the plaintiff, filed a suit on 25-1-1943, claiming the suit property as the gift could not operate after Jotkunwar's death.
Finding of the Court:

The court held that the document of 1906 and the supposed act of Jira Bai did not amount to a valid surrender of the whole estate of Raghurai. There was no acceleration of succession to the estate of Raghurai by a complete self-effacement on the part of Jotkunwar and Jira Bai. The transactions were in the nature of gifts which could only operate up to the death of Jotkunwar. The subsequent gift of 91.5 acres on similar terms to Jira Bai and her three sons did not advance the matter any further. If there was no valid surrender by Jotkunwar and succession to Raghurai's estate was not accelerated, no question of adverse possession could arise during Jotkunwar's lifetime. The present suit was brought within a few months of Jotkunwar's death and was not barred by limitation.
Issues: 1. Whether the document of 1906 and the supposed act of Jira Bai amounted to a valid surrender of the whole estate of Raghurai? 2. Whether there was an acceleration of succession to the estate of Raghurai by a complete self-effacement on the part of Jotkunwar and Jira Bai? 3. Whether the transactions were in the nature of gifts which could only operate up to the death of Jotkunwar? 4. Whether the subsequent gift of 91.5 acres on similar terms to Jira Bai and her three sons advanced the matter any further? 5. Whether there was a question of adverse possession during Jotkunwar's lifetime? 6. Whether the present suit was barred by limitation?
Ratio Decidendi: 1. A valid surrender of the whole estate requires complete self-effacement and with respect to the whole of the estate. A partial self-effacement is not a surrender in the true sense and does not accelerate the succession to the estate. 2. A gift can only operate up to the death of the donor. 3. Adverse possession cannot arise during the donor's lifetime.
Final Decision: The appeal was dismissed without costs.

Judgment

S. J. IMAM, J. : This is an appeal against the decision of the Nagpur High Court partly reversing the decision of the Extra Subordinate Judge, First Class, Bilaspur. The decree of the trial court concerning houses Nos. 2 and 3 was affirmed by the High Court.

2. One Mst. Jotkunwar executed a document in 1906 in favour of her daughter Jira Bai and the sons of Jira Bai, Brindaban, Mathura Prasad and Nankaiya, transferring to them the properties mentioned in the document. Thus Jira Bai and her three sons had four annas share each in the said properties. Mst. Jotkunwar, however, reserved to herself cultivating rights in sir lands consisting of 91.5 acres. Nankaiya died in 1909 and on his death his share was recorded in the names of Jira Bai and her two sons Brindaban and Mathura Prasad. In the month of November, 1918 both Brindaban and Mathura Prasad died. Mathura Prasad was unmarried and Brindaban left a widow, Mst. Ramdulari. The interest of Mathura Prasad was mutated in favour of Padumnath, husband of Jira Bai, and that of Brindaban in favour of his widow, Ramdulari. The property thus came to be divided into three shares - 1/3 each to Jira Bai, Padumnath and Ramdulari. Jira Bai died on 26-7-1927. There had been some litigation in 1923. After the decision of the Court, mutation took place and 3/4 share in the property was recorded in the name of Padumnath and 1/4 in the name of Ramdulari. On 9-2-1938, Padumnath made a gift of his 1/4 share in favour of his daughter Kamalabati alias Kamalabai. Padumnath died on 10-4-1938.

3. Mst. Jotkunwar s husband, Raghurai, had a brother Ramprasad who died in 1902 leaving two sons Sheoshankar Dayal, the plaintiff in the present suit, and Ramdayal who died in 1918. Sheoshankar Dayal filed the present suit on 25-1-1943. His case was that the document of 1906 was a deed of gift and not a deed of surrender in favour of the next reversioner. On the death of Jotkunwar he was entitled to the suit property as the gift could not operate after her death. The trial court held that the document of 1906 was not a deed of gift. Mst. Jotkunwar had completely divested herself of the entire estate and there had been a valid surrender of the whole estate by her in favour of Jira Bai and by Jira Bai in favour of her sons. The trial court further found that Kamalabai and Ramdulari had been in adverse possession of the properties from 26-7-1927. The plaintiff s suit was accordingly barred by limitation. The Subordinate Judge, accordingly dismissed the plaintiff s suit.

4. We have examined the reasons given by the trial court for holding that the document of 1906 executed by Jotkunwar and the supposed act of Jira Bai amounted to a valid surrender of the whole estate of Raghurai accelerating the succession to his estate. We have also examined the grounds upon which the High Court took a contrary view holding that the document of 1906 and the supposed act of Jira Bai did not amount to a valid surrender of the whole estate of Raghurai. On a proper appreciation of the aforesaid transactions there had been no acceleration of the succession to the estate of Raghurai by a complete self-effacement on the part of Jotkunwar and Jira Bai. Accordingly, the transactions were in the nature of gifts which could only operate up to the death of Jotkunwar. We have construed the document of 1906 and have kept in mind the submissions made on behalf of the appellants and have come to the conclusion that the view taken by the High Court was the correct view. It is quite clear from the terms of the document that Jotkunwar did not surrender the whole of the estate which came to her from her husband. She had reserved to herself cultivating rights in the sir lands to the extent of 91.5 acres. Such an area was a substantial area. The surrender, therefore, was not complete. The self-effacement by Jotkunwar and her daughter Jira Bai to be of any consequence had to be complete self-effacement and with respect to the whole of the estate of

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