Judgement

Consolidated Appeal (No. 74 of 1927) from a judgment and two decrees of the Chief Court of Oudh (April 29, 1924) reversing a judgment and decree of the Additional Subordinate Judge of Hardoi.

The respondent, the survivor of two widows left by a deceased Hindu, brought a suit for possession of four villages, which had been part of her husbands estate, and which had passed into the possession of the appellant-defendant under transfers by the plaintiffs co-widow, who died in 1908. The plaintiff by her plaint, after claiming possession, claimed accounts and redemption if there should be found due any sum without payment of which she was not entitled to possession.

The facts appear from the judgment of the Judicial Committee.

The trial judge passed a preliminary decree for redemption on payment of Rs.91,434, holding that the plaintiff was bound by her co-widows transfers in so far as they were for necessity. Both parties appealed to the Chief Court. The plaintiff by her appeal contended that the lower Court had erred in holding that because the two widows had obtained partition one could alienate without the consent of the other.

The Chief Court allowed the appeal of the plain