Judgement

Appeal from a decree of the High Court (June 28, 1893) reversing a decree of the Subordinate Judge of Midnapore (Sept. 29, 1891), and dismissing the appellants suit with costs.

On January 20, 1879, Srimati Doorga Kumari, the mother of the appellant, executed a perpetual lease of her half share in a 4-anna share of Silda zemindary, the subject of a devise by her husband Rajah Mokund Narain Deo, the testator in the cause, to herself and her son in the terms set out in the judgment of their Lordships. The lease was granted to the respondent Ram Chund Dutt at an annual rental of Rs.450, in consideration of Rs.25,000.

The suit was brought in March, 1891, by the appellant against his mother and Bam Chund Dutt and other members of the family who were stated to be interested with him in the lease of 1879. The issue material to the appeal raised questions as to the nature of the interest taken by Srimati Doorga under her husbands will, and as to her power to make the lease in question, and, in case her absolute power of alienation failed, what maintenance was she entitled to.

The Subordinate Judge was of opinion that, on the due construction of the will, " no power was given to th