The main legal point established is that the language and provisions of the deed of family settlement determine the extent of an individual's property rights, including the limitations on transfer and disposition.

Lord Uthwatt. -

This is an appeal from a judgment and decree of the Chief Court of Oudh at Lucknow dated 15th October 1943, which partly reversed and partly affirmed a judgment and decree of the Civil Judge of Malihabad, Lucknow, dated 9th April 1941.

2. The appeal arises out of proceedings brought by the appellants in which they claimed inter alia possession of three villages, Mohammadpur Saraiyan, Jam Khanwan and Agasar. The title to these three villages is now the only matter in dispute. The rights of the parties depend upon the true construction of a deed of family settlement dated 4th October 1923, the appellants contending that under it Bhagwan Bakhsh Singh was either entitled to these villages absolutely or was entitled to dispose of them by will, and the respondent contending that he had no such interest or power.

3 The Civil Judge held that Bhagwan Bakhsh Singh was absolutely entitled to the villages. The Chief Court held that he was entitled to a life interest only and had no power of disposition by will.

4 The question at issue arises in the following circumstances. The three villages in question form part of the taluqdari estate of Itaunja in the District of Lucknow. In the year 1923, the Itaunja family shown in the following pedigree consisted of three members, Surendra Bikram Singh, Bhagwan Bakhsh Singh and Rampal Singh. Surendra Bikram Singh had then just attained his majority while Bhagwan Bakhsh PC40 Singh and Rampal Singh were of the age of 53 years and 45 years respectively.

5 Upon the death of Raja Indra Bikram Singh, then taluqdar of Itaunja estate, disputes arose between Surendra Bikram Singh and Bhagwan Bakhsh Singh as to the succession to the estate of Itaunja. The revenue Court in the mutation proceedings recorded in the revenue Register the name of Surendra Bikram Singh in respect of the late Raja's non - taluqdari property and that of Bhagwan Bakhsh Singh in respect of his taluqdari estate. Both being dissatisfied they filed suits one against the other in the Court of the Subordinate Judge of Lucknow to establish their respective claims to the whole of the Itaunja estate. The two suits were consolidated for trial but were afterwards settled and a decree dated 13th September 1923, was made in the terms of the compromise.

6 Rampal Singh was not a party to either of the two suits although he was interested in the property to which they related. He was accordingly not bound by the compromise, but on 4th October 1923, the deed of family settlement was entered into by the three members of the family giving effect to the terms of compromise.

7 In the deed Bhagwan Bakhsh Singh, Rampal Singh and Surendra Bikram Singh are referred to as declarant No. 1, declarant No. 2 and declarant No. 3. It recites the suits, the fact of a compromise and the circumstance that Rani Sheoraj Kuar Saheba, the wife of Bhagwan Bakhsh Singh, had died since the making of the compromise and the desire to execute the deed and ratify its terms as a family arrangement. Clause 1 states that the entire property left by Indra Bikram Singh is mentioned in the lists appearing in the deed and is in the deed styled "the property in dispute." List 1 specifies seven villages including the three villages in question; list 2 gives details of the debts of the parties and of Indra Bikram Singh; list 3 specifies other immovable properties; and list 4 gives details of maintenance - holders and recipients of payments as a matter of favour.

8 Clauses 3, 4 and 5 of the deed are as follows :

"3. On the entire 'property in dispute' the declarant No. 1 shall remain in possession for his life without the coparcenership of anybody else. But, excepting the property mentioned in the List 1 of this deed, he shall not possess any sort of right of transfer regarding any of the remaining properties. In respect of the property mentioned in List 1, the declarant No. 1 shall possess all sorts of power of transfer. If the declarant No. 1, on account of the death of Rani Sheoraj