Sir George Lowndes.-

The question raised by this appeal is as to the right of the respondent to enforce the terms of a deed dated 18th July 1917, by which the appellant purported to grant to her, "her heirs, executors, administrators and assigns," a perpetual annuity of Rs. 15,000 charged upon specified immovable properties. The Subordinate Judge by whom the case was tried held that the deed was unenforceable on various grounds. The High Court came to the opposite conclusion.

The suit out of which the appeal arises was instituted by the respondent in the Court of the Subordinate Judge of Gaya. It was founded upon two deeds, both admittedly executed by the appellant. By the first, dated 16th April 1913, he purported to settle upon her a life annuity of Rs. 36,000. The second was in the terms set out above, and in effect reduced the life annuity just referred to by Rs. 15,000 per annum. The plaintiff claimed a declaration of her rights under the combined deeds and the payment of arrears. Both Courts in India have rejected her claim under the earlier deed. She has not appealed against this decision, nor has she appeared upon the present appeal.

The material facts of the case are not in d