Judgement

Appeal from a judgment and decree of the High Court (May 10, 1910) reversing a judgment and decree of the acting Subordinate Judge of Allahabad (August 26, 1908).

The suit was instituted by Balraj Kunwar, since deceased, the widow of a taluqdar of Oudh, against the respondents to recover possession of a bungalow. The facts are stated in the judgment of their Lordships. Two questions arose upon the appeal, namely, (1.) whether the purchase of the property in suit by the taluqdar in the name of his Mahomedan mistress, from whom the first respondent purported

to have bought, was benami, and (2.) whether the first- respondent was estopped from denying the appellants title by s. 116 of the Indian Evidence Act, 1872. After the suit was instituted the plaintiff Balraj Kunwar died, and the above-named appellant, her co-widow, was brought upon the record in her place.

The acting Subordinate Judge who tried the suit gave judgment for the plaintiff. He was of opinion that the respondents were estopped from denying the appellants title, and that the question as to the true ownership of the property could only be tried in a separate suit after the respondents had delivered up possessi