RAM CHANDRA MARWARI Vs. GOPI NATH CHOWDHURI

JUDGEMENT

(1.) In this case the plaintiff and the defendant No. 2 came to an agreement in a former suit that certain property should be given to the latter for her maintenance, but that she should not be able to alienate it. She has alienated it to the defendant No. 1 and the plaintiffs accordingly have brought this suit to recover possession.

(2.) The suit has been decreed by the Courts below and the defendant No. 1 appeals. It its contended on his behalf that the restriction on the defendant No. 2 s right to alienate the property is contrary to Sections 10 and 12 of the Transfer of Property Act.

(3.) It appears to me that this contention must succeed. The propertj transferred to the defendant No. 2 appears to have been a life-interest. That, however, is just as much property as an absolute interest, and any condition absolutely restraining the transferee from disposing of that interest is, in my opinion, void.