( 1 ) THIS is an appeal by the defendants from a decree passed by a Civil Judge, Mathura for a declaration that an alienation made by Srimati Bhagwati in favour of the defendants-appellants was "void beyond the life time of Mst Bhagwati and does not bind the reversioners, who would be entitled after the death of Mst. Bhagwati, to possession over the assets of Babu Kalyan singh". The last male owner of the property in dispute, Kalyan Singh, died in 1918 leaving his widow Srimati Bhagwati, who inherited his property as a Hindu widow, his mother Srimati hardeyi and two daughters Srimati Indrawati, plaintiff-respondent, and Srimati Radha Rani, pro forma defendant-respondent. On the death of Kalyan Singh there were disputes and criminal cases between the claimants to his property and on 10-10-1919 Bhagwati executed a deed of iqrarnama to settle them. The plaintiff contended that the deed of iqrarnama was tantamount to a deed of transfer in favour of the defendants-appellants and was not binding on the reversioners.

( 2 ) THE suit was contested by the defendants-appellants but has been decreed by the learned Civil judge.

( 3 ) AFTER the appeal was filed the Hindu Succession Act (No. XXX of 1956) was enacted to amend and codify the law relating to intestate succession among Hindus, Section 6 of the Act provides for devolution of interest in coparcenary property and Section 8 lays down general rules of succession in the case of males when a male dies, his property will devolve upon his sons and daughters, sons and daughters of predeceased sons and daughters, his widow and widows of pre-deceased sons and sons of pre-deceased sons and sons and daughters of his pre-deceased sons of pre-deceased sons. Each son, each daughter, the widow and the mother will take one share each. Section 14 lays down that

any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. "

The explanation to the section provides that property includes immoveable property acquired by a female Hindu by inheritance, or devise or in lieu of maintenance or by partition or by gift or by her own skill or exertion, or by purchase or prescription or in any other manner whatsoever and also any property held by her as stri-dhan. Section 15 lays down general rules of succession in the case of females. The property of a female dying intestate devolves firstly upon her sons, daughters and husband, each taking one share, in the absence of such heirs it will devolve upon the heirs of her husband as laid down in Section 8, in the absence of such heirs it will devolve upon her mother and father, in the absence of them it will devolve upon the heirs of the father and in their absence it will devolve upon the heirs of the mother. There is an exception in respect of property inherited from the husband or the father-in-law; in the absence of any son or daughter it will devolve upon the heirs of the husband. Section 29 provides for an intestates dying heirless and Section 30, for testamentary succession.

( 4 ) ON account of these provisions it was contended before us that Bhagwati became an absolute owner of the property inherited by her from Kalyan Singh, that she could transfer it to any one without any restriction, that now there is nothing like a reversioner and that the plaintiff, not being a reversioner, is not entitled to the declaration. In reply it was urged that Section 14 deals with property still possessed or held by a female and not with property previously held but now alienated by her.

( 5 ) THE position under the customary Hindu. Law before the enactment of the Hindu Succession act was that a widow inheriting property from her husband represented the estate fully subject only to a restriction upon her power of alienation, that she could alienate the property absolutely for legal necessity, that on her death it was inherited not by her own heirs but by