JUDGMENT

Henry Richards, C.J. and Pramada Charan Banerji, J. - This appeal arises out of a suit brought by the plaintiff for a declaration of his title to certain property. On the findings the only question which is open to consideration is whether or not Musammat Naulakhi Kunwar took an absolute estate under a deed of gift executed by one Dirgaj Singh. The court of first instance dismissed the plaintiff's suit. The lower appellate court held that on the true construction of the deed of gift, the lady took only a life-estate. Under the terms of the deed the lady is made absolute owner. The words used are "malik mustaqil." Their Lordships of the Privy Council held in the case of Surajmani v. Rati Nath Ojha (1) that the word "malik" alone, unless there were something definite to the contrary in the surrounding circumstances to qualify the meaning of the expression, indicates an absolute estate. Here we have the word "malik" followed by the word "mustaqil" which even makes it stronger. The learned District Judge seems to have, treated Dirgaj Singh as if he had been a parda-nashin lady. He says that Dirgaj Singh may not have been aware of the meaning of the expression malik mustaqil. We