1. The 2nd defendant who was the presumptive reversionary heir of one Venkatrayudu on the death of the latters widow, executed during his life-time a mortgage deed in favour of the 1st defendant in respect of a portion of Venkatrayudus estate. This was in 1892. In 1896 the 2nd defendant purported to convey to the widow of Venkatrayadu for a consideration of Rs. 400, his interest in the whole of Venkatrayadus estate. Some twenty days after that conveyance she made a gift of the mortgaged property and other property to the plaintiff on the footing that she became the absolute owner by reason of the 2nd defendants conveyance to her. The 1st defendant subsequently and after the death of the widow brought a suit on the mortgage of 1892, and became the purchaser in execution of the decree and obtained delivery of the property. The plaintiff brought this suit to recover possession on the strength of the gift in his favour by the widow and his claim was allowed by the Court below.

2. The 1st defendant appeals, and we think that the appeal is well founded. It is now clearly established by the decision of the Privy Council in Bahadur Singh v. Mohar Singh I.L.R. 24 A 94, that the right