NATVARLAL PUNJABHAL Vs. DADUBHAL MANUBHAI

JUDGEMENT

(1.) THE Judgment of the court Was delivered by .:

(2.) THIS appeal is directed against a judgment and decree of the Bombay High court, dated the 31/03/1949, confirming, on appeal, the decision of the Civil Judge, Senior Division, at Broach, in Special Suit No. 9 of 1941.

(3.) THE arguments advanced by Mr. Krishnaswami Ayyangar, who appeared in support of the appeal can be conveniently considered under two heads. THE first branch of his contention is, that as the widow's estate was in this case completely extinguished by adverse possession exercised by the defendants, she had, in fact, no interest left in her, which she could make a surrender of in favour of the reversions. What is said is, that the widow, by suffering the trespassers to remain in possession of her husband's estate for more than the statutory period, had placed it absolutely beyond her power to deal with it any further; and her title being already extinguished by adverse possession, no further extinction by any act of surrender on her part was possible. THE other branch of the learned counsel's contention is, that assuming, that the widow could make a surrender, such surrender could not prejudice the rights of persons, acquired by grant from the widow or by prescription against her prior to the date of surrender and these rights would, in law, endure during the entire period of the widow's natural life. Whatever rights the reversions could assert, they could assert only after the widow's death and not during her lifetime. A number of decided authorities have been canvassed before us in this connection by the learned counsel and it cannot be disputed that judicial opinion on these points is not at all uniform.