Govinda Menon, J.- The property in dispute in this litigation formed part of the estate of one Pattakarathi Moopanar on whose death his widow Esakki Ammal succeeded to a widow’s estate. By a gift deed Ex. D-1 dated 12th December, 1936, she gifted away the suit and other properties in favour of her brother, the first defendant. Nearly ten years later, by Ex. P-5 dated 10th February, 1946, she surrendered her estate in favour of the nearest reversioner of her husband, the plaintiff. By Ex. D-6 dated 29th April, 1946, the father of defendants 4 to 7 purchased for consideration 32 cents of land which are in dispute in this suit from the first defendant, the donee under Ex. D-1. The suit out of which this second appeal arises was filed by the plaintiff for recovery of possession of the 32 cents of land on the strength of the surrender deed, Ex. P-5, executed in his favour by the widow Esakki Ammal. Both the lower Courts have upheld the contention put forward by the alienees that it is not open to a reversioner, to whom the widow has surrendered the estate after alienating a part of the property, to recover possession of the alienated property on the strength of the surrender deed until

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