Judgement

APPEAL from a decree of the High Court (Sept. 1, 1874) affirming a decree of the same Court in its ordinary original civil jurisdiction (April 9, 1874), whereby it was declared that the two first Respondents, as heirs of one Thakoordass Baboo, intestate deceased, were entitled to the estate and effects of which the said in estate died possessed of or entitled to.

The facts are stated in the judgment of their Lordships; the question in the appeal being whether the Appellant, as the husband of the deceaseds daughter, married in the Brahma form of marriage, or the Respondents (the deceaseds brothers grandsons) were on the death of the daughter, who had survived her father, entitled to succeed to the estate.

The judgment of the High Court (Couch, C.J., and Ainslie, J.) was as follows —

" The Plaintiffs in this suit are the grandsons of Thakoordass, who was admitted to be a native of the North-Western Provinces, and had come down to Calcutta and acquired the property which is in dispute. He died in Calcutta in February 1860, intestate, and without having relinquished the law of his birth-place. He left a daughter, Luckhy Bibee, who was five years old at the time of his death,