Judgement

Appeal from a judgment and decree of the High Court (July 6, 1912) affirming a judgment and decree of the Subordinate Judge of Moradabad (June 23, 1910).

The appellants instituted a suit against the respondents for the possession of movable and immovable property, the last owner of which was one Saheb Sahai, deceased.

The sole question to be determined in the appeal was whether, according to the Mitakshara law of the Benares school, the first appellant, who was the grandson of the great-grandfather of Saheb Sahai, had a preferential right of inheritance as against the first respondent, the great-grandson of the grandfather of the propositus. A genealogical table will be found in their Lordships judgment.

The Subordinate Judge of Moradabad dismissed the suit, being of opinion that the propinquity which extends down to the great-grandson in the case of lineal inheritance extends in a similar manner to three degrees from each ancestor in the, case of collaterals.

The High Court (Sir P. G. Banerji J. and Piggott J.) affirmed the decree of the Subordinate Judge.

The former learned judge, alter setting out the text of Yajnavalkya, reproduced in the Mitakshara, eh. II., s. 1, v.