Judgement

Appeal (No. 54 of 1946) from a judgment and decree of the High Court (October 11, 1944), which affirmed a judgment and decree of the Senior Subordinate Judge, Lyallpur (November 12, 1942).

The suit giving rise to this appeal was instituted by the respondents on March 23, 1942, for a declaration that the first respondent was the full owner of the land in dispute, which had originally been granted under the Colony Act, 1893, to one Mokham, whose widow, the second respondent, was the mother of the first respondent. The appellants were collaterals of Mokham. The principal question in the appeal was whether a condition imposed by the Commissioner and upheld by the Financial Commissioner that the widow, who had been granted proprietary rights in the land, should not alienate the land during her tenure " without the concurrence of the " reversioners," the appellants, was in excess of their powers.

The trial court and, on appeal, the High Court (Trevor Harries C.J. and Mehr Chand Mahajan J.) held that the condition was ultra vires the executive authority.

1947. June 26. Chinna Durai for the appellants.

Umrigar for the respondents.

July 24. The judgment of their Lordships was deli