A vested remainder is immovable property and can be conveyed under a power of attorney, and all interests possessed by the grantor should be deemed to have passed to the grantee.

Venkataramana Rao, J.

1. The question for determination in this appeal is whether a vested remainder which was vested in one Lakshminarayana Rao was conveyed by his wife Bhramaramba (seventh defendant) under a sale-deed Ex. C in favour of the first defendant. The learned Subordinate Judge answered it in the negative and against this decision of the Subordinate Judge the plaintiff has preferred this appeal.

2. The relevant facts are not in dispute. One Kanchamma was the last owner of the suit property. She made a will in 1899 in and by which she bequeathed all the properties she was possessed of, including the suit property, to the said Lakshminarayana Rao who was her brothers son and to one Lakshmi Narasamma, her widowed daughter. By her will she directed Lakshminarayana Rao to divide the movable and immovable property which she was possessed of into two shares and to enjoy one half share, the other half share to be enjoyed during her lifetime by Lakshmi Narasamma. The said Kanchamma further directed that after the death of Lakshmi Narasamma, Lakshminarayana Rao should take possession of the property in which Lakshmi Narasamma had a life interest. As we construe this will, the entire property was given over to Lakshminarayana Rao subject to the life interest in favour of Lakshmi Narasamma the widowed daughter of the testatrix. It is immaterial whether his interest in the half share which was being enjoyed by Lakshmi Narasamma during her lifetime is considered as a vested remainder or not. There can be no doubt that Lakshminarayana Rao possessed a vested interest in the said share which was capable of being alienated by him or by anybody purporting to act under his power. In 1908 Lakshminarayana Rao became heavily involved and in order to discharge his debts he executed a power-of-attorney in favour of his wife Bhramaramba. It is dated 14th August, 1908. By it Lakshminarayana Rao authorised his wife to sell his movable and immovable property. The question is, is the vested interest which Lakshminarayana Rao possessed in the half share of the property which was being enjoyed by Lakshmi Narasamma during her lifetime also included in the expression immovable property which Bhramaramba was authorised to convey? The learned Subordinate Judge seems to be of the opinion that she was not authorised to convey the vested remainder on the ground that it would not be immovable property within the meaning of the expression as used in the power-of-attorney. It seems to us, that the view of the Subordinate Judge is totally unsound. A vested remainder is property and it is immovable property being an interest in land. There can be no doubt therefore that Bhramaramba was authorised to sell all that interest which Lakshminarayana Rao possessed in the suit property on the date of the power-of-attorney. Acting under this power on 28th October, 1908, she sold the suit property to the first defendant for valuable consideration. The question is, as we have said, whether the vested interest which Lakshminarayana Rao possessed in the half share which Lakshmi Narasamma enjoyed during her lifetime passed under the sale-deed. If we come to the conclusion that it passed, the plaintiff has no locus standi to maintain the suit and his suit is liable to be dismissed. What was conveyed under the sale-deed was three vrittis of land enclosed within particular boundaries. The suit land was sold with all rights. On a proper construction of the sale-deed it seems to us that Bhramaramba purported to convey the entire interest in the land as if it belonged to her husband. In fact on the date of the sale-deed she could only convey the property minus Lakshmi Narasammas life interest in it. It was contended in the lower Court successfully and the contention was repeated before us that there was no specific conveyance of the vesteH remainder possessed by Lakshminarayana Rao as such and therefore it did not pass. We think the learned Judge has misread the deed and t