S.Shamsul Hasan, J.

1. This is an appeal by the plaintiff seeking effacement of a deed of conveyance made in favour of the sole defendant-respondent, Kirpa Narain Singh, (since dead) by the wife of Bachchu Singh, Mt. Adhirajo Kuar. The plaintiff-appellant is the nephew of Bachchu Singh.

2. The case of the plaintiff is based on a will executed by Bachchu Singh in the year, 1950 in favour of Mt. Adhirajo Kuar and probated in the year, 1966. By this will, according to the plaintiff-appellant, Mt. Adhirajo Kuar was granted life interest in the property by the executant of the will and on her demise the property was to revert to the plaintiff-appellant, Kedarnath Singh, the nephew of the executant of the will.

3. The defendant-respondent (since dead) was the transferee from Mt. Adhirajo Kuar and based his claim and right created by the Hindu Succession Act, 1956 . by which she became the absolute owner of the property.

4. The point of law framed is as follows:-

Whether the court of appeal below has not committed an error of law in holding that properties bequeathed to Most. Adhirajo Kuar under a will executed by her husband giving only a life interest will not control her right