Judgement

Appeal (No. 118 of 1931) from a decree of the High Court (April 30, 1930) affirming a decree of the Subordinate Judge, Benares (November 30, 1925).

On December 10, 1923, a money decree was obtained against a Hindu widow, who was in possession of her deceased husbands property as heir to their deceased son ; part of the property was attached in execution of the decree. The respondents instituted a suit against the decree holder (now represented by the appellants) claiming a declaration that they were entitled to the whole property under a deed of relinquishment executed by the widow two days after the decree was obtained, and that the attachment was invalid.

The facts appear more fully from the judgment of the Judicial Committee.

The Subordinate Judge dismissed the suit on the ground that the deed was fraudulent and invalid. On the day before, or the day upon which, he delivered judgment the widow died. Upon an application by the plaintiffs under s. 114 and Order xlvii., r. 1, of the Code of Civil Procedure, 1908, the Subordinate Judge reviewed his judgment, and decreed the plaintiffs claim upon the ground that they had become entitled by inheritance.

An appeal to the High