Judgement

SHAH, J. : One Raj Kishore was possessed of sir and khudkasht lands, which on his death in l923 devolved upon his widow Sanwari. With the coming into force on July 1, 1952 of the U. P. Zamindari Abolition and Land Reforms Act 1 of 1951, Sanwari acquired the status of a bhumidhar in respect of those sir and khudkasht lands. On December 18, 1952, Sanwari made a gift of the bhumidhari lands in favour of respondents 1 and 2. Sanwari died in 1954. Claiming to be the nearest reversioners to the estate of Raj Kishore, the appellants commenced an action in the Court of Munsif, Deoria, for a declaration of their title to the lands gifted by Sanwari, and for a decree for possession of those lands on the plea, inter alia, that holding only a Hindu widow s estate in the bhumidhari lands Sanwari was incompetent to create an interest by gift which was to enure beyond her lifetime. The suit was dismissed by the Trial Court, and the decree was confirmed in appeal by the Additional Civil Judge, Deoria. In second appeal before the High Court of Allahabad Desai, C. J., and S. N. Dwivedi, J., agreed with the judgments of the courts below. Jagadish Sahai, J., was of the opinion that Sanwari he