Judgement

Appeal (No. 124 of 1928) from a decree of the Chief Court of Oudh (December 13, 1927) affirming a decree of the Subordinate Judge of Fyzabad (January 29, 1926).

The appellants, as reversionary heirs of Gaind Singh, who died in 1880, sued for possession of immovable property in Oudh which had been sold by Gaind Singhs widow Agind Kuar in 1881 and had passed to the respondents. The sole question arising was whether a deed of gift executed by Gaind Singh in favour of Agind Kuar in 1877 conferred upon her a power to alienate the property.

The terms of the deed are fully set out in the judgment of the Judicial Committee.

The Chief Court of Oudh, affirming a decree of the Subordinate Judge, dismissed the suit, holding that the deed conferred a power to alienate the property.

1930. June 26. De Gruyther K.C. and Jopling for the appellants. The deed of gift should be construed according to the ordinary notions of Hindus in relation to property Under Hindu law a gift by a husband to his wife of immovable property confers on her only the right to enjoy possession of it and not a power to sell or make gift of it, in the absence of an express power of alienation Maynes Hindu Law, para