JUDGMENT-An interesting question of Hindu law arises for determination in this appeal viz. :

Is a Shudra illegitimate son (dasiputra) or daughter entitled to succeed to the estate of his or her putative father by way of intestate succession opening after the coming into force of the Hindu Succession Act, 1956 ?

2. The facts are few and also simple. One Atmaram Patil died on September 8, 1960, leaving behind him, his widow Tanubai, defendant No.3, his two sons Dadoo and Yeshwant, defendant Nos. 1 and 2 respectively and his daughter Hirabai, defendant No.4. Plaintiff No.3 Krishnabai claimed herself to be also the lawfully wedded wife of the said Atmaram and plaintiffs Nos. 1 and 2 Raghunath and Shivaji respectively claimed to be the legitimate sons of Atmaram being born of the aforesaid Krishnabai, plaintiff No.3, and plaintiff No.4 claimed to be the grand· daughter of Atmaram being the daughter of the predeceased legitimate daughter of Atmaram through Krishnabai, plaintiff No.3. On the ground that they were entitled to a half share in the suit properties, the plaintiffs filed the present suit mainly against defendants Nos. 1 to 4 for partition and possession of their said share. Defen

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