JUDGMENT

Y.K. Sabharwal, J.-The question for determination in this appeal is whether sister s son or descendants of father s father s father are entitled to inherent the property of the deceased. It is not in dispute that the right of succession in respect of the agricultural land in question is governed by a special legislation of the then Gwalior State, namely, Quanoon Mal Riyasat Gwalior, Samvat 1983 (hereinafter referred to as Special Legislation ).

2. On factual matrix, there is no dispute between the parties. The subject matter of appeal is land in question left behind by one Harbilas. Harbilas died in the year 1948. Who out of the aforesaid two categories have the right of succession to his land, is the question? The appellants fall in the category of descendants of great grand father of Harbilas. Appellants are sons of Hansraj. Murli was father of Hansraj and Mohan was father of Murli. Harbilas was son of Bhagwant. Ghanshyam was father of Bhagwant. Murli and Ghanshyam were brothers, both being sons of Mohan. Mohan was, thus, great grand father of Harbilas as also of appellants. The other defendants in the suit also belong to different branches of great grand father, Mohan. T