Charles A. Turner, Kt., C.J.

1. Sabapathi Mudali, the last male owner of the property in dispute in this suit, died in 1846 without issue, but leaving a widow, a mother and three sisters. His widow died in 1861 and his mother in 1871, having successively enjoyed the property. After the death of the latter a dispute arose as to the succession between the respondent, a son of one of the sisters, and the appellants, the other sisters of the deceased. The appellants intermeddled with the property, and the respondent thereupon instituted this suit to vindicate his title and obtained a decree in the Court of First Instance. Although other objections were raised in the memorandum of appeal at the hearing, the argument was confined to the objection that the sister is a nearer heir than a. sisters son.

2. In this Presidency, and in the north of India where the inheritance was governed by the law of the Mitakshara, English commentators and Judges for sometime refused to allow any right of succession alike to the sister and to the sisters sons.

3. The claim of the latter rests on the ground that he is a bhinnagotra, sapinda, and therefore succeeds as a bandhu. So long as it was held that