Krishnaswami Aiyangar, J.

1. This is a second appeal which came before Mr. Justice Wadsworth in the first instance. The question raised in it related to the right of a brothers sons daughter to inherit under the Hindu Law, The precise question is not covered by authority in this Presidency and for that reason the learned Judge has referred the point for consideration by a Bench.

2. The appellant was the plaintiff in the trial Court. He instituted the suit for the recovery of possession of property which appertained to the estate of one Narasayya who died some time before 1895. He was succeeded by his widow Viramma, who in 1895 entered into an arrangement with the next reversioner Suryanarayana who was her husbands brothers son. By that arrangement, Suryanarayana in consideration of a sum of Rs. 100 agreed to Veeramma holding the estate as absolute owner - a transaction which is admittedly invalid under Hindu Law, Viramma having thus secured, as she probably thought, a Valid right to dispose of the estate, made a gift of the property to her daughter Suramma in 1908. The daughter died in 1915 having in her turn purported to bequeath the property in favour of the appellant in th