Henry Reynell Holled Coxe, J.

1. This was a suit for recovery of certain land on theallegation that it had originally belonged to one Kamala Priya, a Hindu widow,who had bequeathed it to the plaintiff by a Will. The suit has been decreed bythe learned District Judge and the defendants appeal.

2. Two points have been taken in this appeal. The first isthat the land in question is not covered by the Will. But, on reading the Willas a whole, I think the view taken by the learned District Judge on this pointis correct.

3. The second contention, however, must, in ray opinion,prevail. It is to the effect that Kamala Priya being a Hindu widow had only alimited interest in the property and could not bequeath it to the plaintiffs.On this point the learned District Judge says, "it is argued that a widowhaving only a limited interest in land derived from her husband or son cannotbequeath it by Will. In this case it appears that Kamala Priyas husband has noheirs or reversioners at all, at least no such person can be named ordiscovered. The property in such a case would escheat to the Crown, or when itis merely a tenancy, as in the present case, the land would revert to thelandlord. But neither the Crown nor the landlord has put forward any claim, orseems likely to do so. Although no authority has been cited on this point I amof opinion, that the legatees of a widow would acquire a good title under herWill as against outsiders when there are no reversioners and when the Crown orthe landlord does not care to resume the property." This view cannot, Ithink, be sustained. The mere fact that there are no reversioners or that theCrown or other person entitled to the property on the widows death does notclaim it cannot possibly give the widow an absolute interest in the propertywhich she could bequeath by a Will. And in connection with this point I mayrefer to the case of Collector of Masulipatam v. Cavaly Vencata Narainapah 8 M.I. A. 500 : 2 W. R. (P. C.) 59.

4. The appeal accordingly must be allowed and the suitdismissed with costs of all the Courts.

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Janardan Pathak vs.Anu Ram Datta (28.03.1911 - CALHC)