Judgement

Appeal (No. 98 of 1921) from a judgment and decree of the Court of the Judicial Commissioner (March 20, 1918) affirming a judgment of the Subordinate Judge of Bara Banki.

The appellant instituted a suit to recover from the respondent, with mesne profits, a half of an Oudh taluqdari estate, under a deed of sale dated January 2, 1880, by which the respondent purported to sell to the appellants deceased husband; alternatively the appellant claimed by her plaint to recover Rs.25,000, the purchase money, with interest.

The circumstances in which the deed of sale was entered into appear from the judgment of the Judicial Committee.

The deed stated that the executant, the present respondent, had borrowed a further Rs.5000 from Rachpal Singh, making Rs.25,000 in all, and that in lieu of that entire amount the executant did "thereby absolutely sell" half of all the villages, detailed below, in the taluqa; it concluded as follows " Therefore I do hereby declare and put in writing, that after the death of the said ladies " (i.e., the widows of the last holder) " or whenever I may get possession over the said taluqa, I shall put the vendee immediately in proprietary possession of half