Judgement

Appeal from a judgment and decree of the Judicial Commissioner of Oudh (August 8, 1916) reversing a decree of the Subordinate Judge of Gonda (December 23, 1913).

The suit was instituted by the respondent to recover possession of the village of Sonahra from the appellant. The main question for determination in the appeal was the validity of a deed of sale of the village executed on December 30, 1871, in favour of the appellants predecessor in title by three Hindu ladies, Musammats Basanta, Rani and Maharani. The facts appear from the judgment of their Lordships.

The respondent by her plaint alleged that Gokaran and Sheo Dayal were joint in estate, that on the death of Gokaran the estate passed by survivorship to Sheo Dayal, and that on the death of the widows (the three ladies above referred to) the respondent, as Sheo Dayal’s daughter, succeeded.

The appellant by his written statement contended (inter alia) (1.) that Musammat Basanta, as widow of Gokaran, was entitled to an 8-anna share, and that the plaintiff did not claim in her plaint to be heir to Gokaran; (2.) that the vendors had an absolute interest in the property by custom and under the decree of the Settlement A