Judgement

Appeal from a judgment and decree of the High Court (January 25, 1910) reversing a judgment and decree of the High Court in its ordinary original jurisdiction (February 15, 1909).

The suit was brought by the respondent for a declaration of her title to an equal undivided half share of a house in Calcutta, and for recovery of the premises from the appellants.

The property in suit had formed part of the estate of a testator who died in 1886, and had been sold and conveyed in 1900 to the appellants by the sole surviving executor of the testator, who was beneficially interested in the estate, there being joined with him in the conveyance other persons so interested. The con veyance, which was dated December 12, 1900, did not purport to be made by the executor in that capacity, but it stated that there were sold and conveyed "all the estate, right, title, interest, claim and demand whatsoever of the vendors" in the property. The circumstances under which the sale was made and the terms of the conveyance appear from the judgment of their Lordships.

It was admitted that the respondent had been entitled to a half share in the property, which had been her mothers stridhan.

The sui