Lord Macmillan.—

This is an appeal against a decree of the High Court of Allahabad reversing a decree of the Additional Subordinate Judge of Allahabad. The question at issue is whether a deed of gift dated 2nd August 1919, and executed by Behari Lal, respondent 2, in favour of his wife, Mt. Ramdei, respondent 1, represented a genuine transaction or was fictitious and benami. The Subordinate Judge found that the transaction was benami. The High Court held that it was genuine. Their Lordships have now to determine which of these two decisions was right.

The circumstances which have given rise to the action may be briefly summarized. It appears that the respondent Behari Lal and his brother Lala Gaza Prasad at one time, owned in its entirety : a house, No. 15, situated in Chowk, Allahabad. Sometime previous to the date of the deed of gift under challenge the eight annas share of Lala Gaza Prasad was purchased by the plaintiffs, Lala Madho Prasad and his son Lala Manmohan Das alias Bachchaji, whom it will be convenient to call ' the appellants," although Lala Madho Prasad has died and is represented in the appeal by his heirs. On 1st August 1919, Behari Lal sold 4-annas of his 8 annas sh