A Hindu widow's surrender of her interest in her husband's property operates as her civil death and accelerates the succession of the nearest reversionary heir.

Lakshmikanta Jha, J.

1. This is an appeal by the defendants under the Letters Patent from the judgment of Shearer, J. in a second appeal arising out of a suit for a declaration that a deed of gift executed by defendant No. 1 holding a Hindu womans estate as a daughter is not binding on the plaintiffs as reversionary heirs of the last male owner.

2. One Ramprasad Koeri, who was governed by the Mitakshara school of the Hindu law, died possessed of certain property; including the suit land in or about the year 1920, leaving behind his widow, Musammat Kubri, and a daughter, Musammat Akhji (defendant No. 1).

3. Akhji was married to one Baldeo Koeri, who died in Ramprasads lifetime, and on his death she took another husband Aliar Koeri, who left his native village and came to live with Ramprasad as his ghardamad. On the death of Ramprasad, his widow came in possession of his property, but ?he died about a year after.

4. Admittedly, on the death, of Ramprasads widow a dispute arose in respect of his property. One Mahabir, father of the plaintiffs, put forward his claim to immediate possession as the next reversioner of Ramprasad; on the other hand, the said Aliar claimed to be in possession. The dispute was referred to arbitration and the arbitrators divided the property between the claimants.

5. The plaintiffs case, however, in short, is that the dispute was between Mahabir and Akhji and the arbitrators divided the property between them, giving one moiety absolutely to Mahabir and the other to Akhji for life in lieu of her maintenance. According to the plaintiffs, therefore, Akhji has only a life estate in the property given to her by the arbitrators in lieu of her maintenance and, therefore, the deed of gift executed by her on the 1st May, 1946, is not binding on them as the presumptive reversionary heirs of Ramprasad.

6. The case of the defendants, on the other hand, is that on the death of Musammat Kubri (Ramprasads widow), Musammat Akhji did not exercise her right of possession as a daughter and allowed her husband, Aliar, out of deference to the wishes of her father, to take possession of the entire heritage. According to their case, the dispute was between Mahabir and Aliar, and the arbitrators divided, the property between them giving one moiety to Mahabir absolutely and the other moiety absolutely to Aliar; the latter remained in possession of the disputed property as absolute owner for over twenty years; and on his death the property was inherited by defendant No. 1 as his widow, who remained in possession till she made a gift of the same to defendants Nos. 2 to 5, who are the grandsons of her first husbands brother. The plaintiffs, therefore, are not entitled to the declaration sought.

7. The trial Court decreed the suit, holding that Akhji got only a limited interest and that Aliar acquired no title over the land at any time. On appeal, the learned Subordinate Judge, before whom it came up for hearing, dismissed the suit. He was of opinion that

"in the absence of any explanation given by the plaintiffs it is reasonable to expect that the dispute was really between Aliar and Mahabir and that the compromise was effected as stated by the defendants by way of bona fide settlement of family dispute",

and he found as a fact that

"Aliar acquired an absolute interest in respect of half of the properties held by Ramprasad and that the defendant No. 1 has come in possession of the same as an heir of Aliar and not as an heir of Ramprasad",

8. On second appeal by the plaintiffs, Shearer, J. set aside the judgment of the Court of appeal below and decreed the suit. He considered that

"the lower appellate Court was, however, plainly in error in supposing that the possession of Aliar Koeri was, in consequence, adverse to the reversioners".

In his view

"It is not open to a limited owner to divide the estate with the existing nearest reversioner, nor, of course, is it open to her to relinquish the whole of her interest in the estat