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1929 Supreme(Nagpur) 179

MACNAIR
LAXMAN – Appellant
Versus
EMPEROR – Respondent


JUDGMENT

Macnair, J C—The reference to the Beach is in the following terms Has a Hindu widow the right to surrender her late husband's holding whether absolute occupancy or occupancy to defeat the expectancy of a reversioner, even when her surrender is intended to defeat the claim of such person?

2. It seems clear that by ''surrender to defeat'' is meant surrender so as to defeat, not surrender in order to defeat. The question then may be stated thus Has a Hindu widow the right to surrender her late husband's holding whether absolute occupancy or occupancy in such a manner as to defeat the expectancy of a reversioner when the object of the surrender is to., defeat that expectancy?

3. It is desirable to state briefly the facts which led to this reference. One Raghu was a tenant of one field in occupancy right and of two fields in absolute occupancy rights. He died on 5th March 1921. His interest in the holdings passed to his widow in accordance with the provisions of Sections 5 and 11, Central Provinces Tenancy Act (Act 1 of 1920). His widow Bhulabai desired that the rights should pass to her grand nephew Rama. Accordingly on 27th June 1924 she executed a surrender deed in favour of th















































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