Walter Salis Schwabe, K.C., C.J.

1. This is an appeal from the City Civil Court in a suit in which the plaintiff sought to recover certain jewels or their value, and an order was made for their return or for their value, Rs. 1000.

2. The facts of the case are that the jewels in question being in the possession of the plaintiff were handed by her to the defendant on terms that he might pledge them for a short time for his own benefit and should then redeem them and return them to the plaintiff. While the jewellery was still in his possession or in the possession of the pledgee with whom he had pledged them, the plaintiff and the defendant and other members of the same family, the plaintiff being the widow of a brother of the defendant, entered into an agreement, Ex. A. By that agreement the jewels in question were settled on the terms of Ex. A which was to the effect that they should be enjoyed by the plaintiff during her life without power of alienation and upon her death they should be divided between the defendant and other parties to the agreement. Within a short time of the making of that agreement the jewellery, if it was not already in the hands of the defendant, came i