JUDGMENT

1. Mr. G. Gregory and Baboo Mohesh Chunder Chowdhry for the Respondent.

2. The learned Judges (Garth, C.J., and Prinsep, J.) before whom the case was heard referred it to a Full Bench. The referring order was as follows:

3. "A question of Hindu Law has arisen in this case, which, being of general importance, we think should be referred to a Full Bench.

4. "The plaintiff in this suit, Udoi Chand, claims certain property as heir to his father, Poran Chand, under a conveyance from one Mussamut Nobo Bahu, the widow of Mukhtab Bahadur, to whom the property originally belonged: and for the purposes of the question at issue, it must be taken that the plaintiff has a right to recover the property from the defendant, unless the latter can show that by Hindu Law he is the heir of Mukhtab Bahadur.

5. "The defendant claims to be the heir of Mukhtab Bahadur through Mussamut Jeswant Koer, his maternal grandmother, his mother having been the daughter of Jeswant Koer, and Jeswant Koer having been the sister of Mukhtab Bahadur.

6. "He contends that, standing in this relation to Mukhtab Bahadur, he is his Jbandhu,' or cognate, and as such his heir within the meaning of the rule laid down in the M