SAT NARAIN SAHU Vs. BINDESRI PRASAD

JUDGEMENT

(1.) The sole question to be determined in this appeal is one of law and arises under the following circumstances. The property now in suit is a piece of land on which originally stood a house. The house and other properties belonged to one Gayadin. He was succeeded by his wife Mt. Parbati. Mt. Parbati died and her daughter Mt. Rajwanti succeeded to a life-estate, The appellant in this appeal is a male agnate of Gayadin and is the actual roversioner to his estate on the death of Mt. Rajwanti which happened before the institution of the suit, out of which this appeal has arisen. On the 20 of September, 1915, Mt. Rajwanti and the appellant entered into an agreement by which Mt. Rajwanti was declared to be the absolute owner of the house and it was definitely stated that she could do anything she liked with the property. Mt. Rajwanti, before her death on the 16 of January, 1922 disposed of the house by way of sale in favour of the present respondent. The present respondent instituted the suit to obtain a declaration that he was the owner of the site by virtue of his purchase.

(2.) The appellant contended inter alia that Mt. Rajwanti had only a life-interest and she could not make a valid alienation. To this the respondent replied that the appellant having himself bean a party to the agreement of the 20 of September, 1915, ho could not reprobate the contract and is estopped from denying the plaintiffs title.

(3.) The respondents contention on this point has found favour with the Courts below and the only question to be determined is whether the appellant is not estopped from contending that Mt. Rajwanti was the absolute owner of the property and could sell it.