Judgment - Gajendragadkar, J.

1. This appeal raises a short and interesting question under Section 53A, T. P. Act. The question is whether a reversioner can be said to be a person claiming under the widow after whose death he succeeds by reversion. This question has been answered differently by the Courts below. The learned trial Judge held that the reversioner could not be said to be a person claiming under the widow whereas the lower appellate Court has taken a contrary view.

2. The facts giving rise to this litigation are very few and there is no dispute about them. The property in suit is a house situated in Ka-soda. This house originally belonged to Bhila Supdu. Bhila died in 1940 leaving behind him his widow Chhababai and two sisters Banabai and Manubai. His widow Chhababai entered into a contract of sale in regard to this house for Rs. 500 on 5-11-1944. The contract was reduced to writing, an earnest of Rs. 200 was received by Chhababai and the intending purchaser entered into possession of the property. This intending purchaser is the defendant in the present suit.

A few months after she entered into this contract, Chhababai died. On her death, Banabai and Manubai, the two sur

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