JUDGMENT

Jenkins, C.J. - The point in contest in this litigation is whether in a Dayabhaga family, the great-grandfather's son's daughter's son or the maternal uncle is to be preferred. The proposition only has to be stated to make one realize what an amount of learning and industry the problem might demand. We have had the advantage of having the position of the maternal uncle advocated before us by one who is worthily following in the steps of his distinguished father and we can say; much as we regret the absence of Babu Golap, we do not feel we have suffered anything in view of the argument that has been addressed to us.

2. Undoubtedly there are, as Babu Rishendra Nath Sarkar has brought clearly to our notice, a number of considerations that might be brought into play were the matter untouched by authority. But a Full Bench of this Court, as far back as Gooroo Gobind Shaha v. Anund Lal Ghose 13 W.R.49 (F.B.); 5 B.L.R. 15 came to a conclusion as to the principle-of succession in a Dayabhaga family which really governs this case. It has been treated as governing cases of a similar description by other distinguished Judges, whom I name in this particular connection merely because the