Sir Madhavan Nair.-

This is a consolidated appeal and cross - appeal, from a decree of the High Court of Judicature at Madras dated 1st November 1940, affirming a decree of the Subordinate Judge of Chittoor dated 4th November 1935.

[2] The plaintiff is the appellant before the Board; defendant 2 is respondent 1, hereinafter called the respondent. He is the main contesting respondent, and he has filed the cross - appeal.

[3] The dispute in the appeal is concerned with the succession to the impartible estate of Punganur, known as the Punganur Zemindari, situated in the Chittoor district of the province of Madras. Succession to the Zemindari is regulated by the rule of lineal primogeniture and it devolves on the senior male member nearest to the last holder by right of survivorship. The estate is subject to the Madras Impartible Estates Act (Act 2 [II] of 1904).

[4] The last holder of the Zemindari, Raja Sambasadasiva, died in 1923, without leaving any male issue. As the paternal uncle of the late Zemindar, the appellant claimed the estate as the nearest heir. This claim was resisted by the respondent, the son of the late Zemindar's natural brother, on the ground that he had been validly