Judgement

Appeal from a judgment and decree of the High Court (June 10, 1913) reversing a decree of the Subordinate Judge of Gaya.

The suit was instituted by the first respondent against the appellant and defendants now joined as respondents, namely, Rani Chandra Deo and Rajeshwari. The claim was for a declaration of the plaintiffs title to the village of Badam under a deed of sale dated February 28, 1908, from Rajeshwari, for possession and other relief.

The facts are fully stated in the judgment of their Lordships.

The Subordinate Judge dismissed the suit. The High Court (Chatterjee and Newbould JJ.) reversed the decision, holding that the appellant was estopped by the conduct of his father, through whom he claimed, from denying the title of Rajeshwari.

1918. Feb. 26, 28. Dunne, K.C., and T. B. W. Ramsay, for the appellant. Having regard to the provisions of the Transfer of Property Act, 1884, Rajeshwari, and consequently the first respondent, obtained no title to the village. There being no registered deed of transfer from the late Raja, or the manager, to Kashinath, he was incompetent under s. 54 of that Act to transfer any title. By the terms of that section no title can arise