JUDGMENT

Chamier, J. - Nagina Singh died many years ago leavinga window Musammat Waziri, a daughter Musammat Raja Dei and a daughter's son Kan Singh. In June 1909 Musammat Waziri, who was in possession of the estate of her husband, made a gift of it to Kan Singh. The plaintiffs at once brought this suit for a declaration that the gift was not binding upon them. The plaintiffs, other than the present respondentUmed Singh, are more distantly related to Nagina Singh than Umed Singh is. The Courts below have agreed in making a declaration as prayed in favour of Umed Singh. Kan Singh died while the suit was pending in the Court of first instance. The appeal to the lower Appellate Court was filed, by Musammat Raja Dei and it is she who has filed the second appeal. In this Court it is contended that at the date of the institution of the suit Umed Singh was not the nearest reversionary heir of Nagina Singh and, therefore, the suit was not maintainable. Indeed, it is contended that even Kan Singh, supposing he had not been the donee of the property, could not have maintained s suit for a declaration inasmuch as the next reversioner was his mother Raja Dei.

2. There is, of course, no doubt tha