Sir Dinshah Mulla.—

This is an appeal from a decree of the High Court of Calcutta affirming the decision of the Subordinate Judge of Dacca. The question for their Lordships' consideration is whether on a true construction of three leases executed by Raja Kali Narayan Roy Chowdhury in favour of his daughter Kripamoyee Debi she took an absolute estate or an estate for life. Both the Courts in India agreed in holding that she took an absolute estate of inheritance which she could dispose of by deed or will. All the three leases are described as miras talukdari puttas and putni talukdari puttas. The words "miras talukdari putta" imply a permanent and heritable estate. The words "putni talukdari putta" import a permanent heritable estate subject to a fixed rent. The leases comprised properties forming part of the Raja's zamindari estate.

The first lease was executed on 22nd March 1865. It begins with a description of the properties and after reciting the annual income thereof proceeds as follows:

"You being my daughter, I grant you mirash taluk, by fixing Rs. 2,926 as the sadar rent thereof, for your maintenance, without selami, out of my affection for you. You and your sons born of your w