Musammat Phulbati Kuer vs Shaikh Farman and Others

Das, J.—The view taken by the learned Judge in the Court below is quite correct and his decree ought to be maintained. The sole question involved in these appeals is whether a Hindu widow, having surrendered her estate in favour of the next reversioner, is entitled to maintain an action in respect of rent that had accrued due prior to the surrender. The learned Judge in the Court below has taken the view that she is not entitled to maintain the action and, in my judgment, the opinion expressed by the learned Judge is right.

The whole doctrine of surrender is based on complete effacement. She completely effaces herself and walks out of the estate and the next reversioner comes in, not by any transfer made in his favour by the Hindu widow, but by operation of law as an heir. If that be so, then it is difficult to imagine how, having effaced herself, she can still retain an interest in the estate. I would dismiss these appeals with costs.

Jwala Prasad, Acg. C.J.

I agree.