Judgement

Appeal (No. 97 of 1930) from two decrees of the Chief Court of Oudh (January 4, 1929) reversing a decree of the Subordinate Judge of Fyzabad (September 30, 1927).

The respondent instituted a suit against the appellants claiming that as heir to one Sughra Bibi, a Shia Mahomedan lady who died in 1914, she was entitled to two-thirds of properties scheduled to her plaint. The title of the defendants rested upon transfers made by Sughra Bibi during her life, and the validity of the transfers depended upon the effect of an agreement in compromise of litigation dated September 19, 1870, made between Sughra Bibi and Afzal Husain, her cousin, to whom she afterwards was married, and who died in 1872.

The terms of the agreement and the other material facts appear from the judgment of the Judicial Committee.

Upon a preliminary issue the Subordinate Judge held that the restriction placed by the document of September 19, 1870, upon Sughra Bibis power of alienation was invalid and not legally enforceable. In his view the document conferred an absolute estate, and the restriction was repugnant thereto. Further issues were then framed, and judgment was delivered subsequently by another Su