Das, J.

1. This is a second appeal by the plaintiff, and raises the interesting question of an interest which has devolved on a widow under Sub-section (2) of Sec.3 of the Hindu Womens Rights to Property Act, 1937, as applied to agricultural land in Bihar, can be transferred by her during her life-time. The short facts out of which the question has arisen are these. One Bhoju Mahto had two sons, named Pem and Teko. Pem is the appellant before us. Teko died in 1946 leaving a widow named Mossamat Lilia who was defendant No. 3 in the suit. On the 8th April 1948. Mossamat Lilia executed a sale deed in respect of the interest of her husband which had devolved on her, in favour of defendants 1 and 2. The appellant brought the suit for a declaration that the aforesaid sale deed was void and not binding on him.

2. The learned Munsif, who dealt with the suit in the first instance, found (1) that Mossamat Lilia was not the widow of Teko, (2) that Teko died in a state of jointness with his brother Pem, and (3) that the sale deed in favour of defendants 1 and 2, respondents before us, was a sham transaction. The learned Subordinate Judge reversed the first finding of the learned Munsif