Special customs and practices of specific castes may prevail over the ordinary Hindu Law of inheritance, and the court may apply analogies of previous cases to determine succession and preferential heirship.

1. This appeal raises an interesting question as to the succession to the property of a woman of the dancing girl caste. The deceased woman Palani inherited the property in dispute from her mother Nagu, who inherited it from her mother Mottai who again inherited it from her father Arunachallam. Arunachallam had two brothers Ramaswami and Mathurbutham and the question is whether Mathurbuthams daughter Seethai or Ramaswamis daughters son Marudamuthu Mudali is the heir of Palani. All the women appear to have followed the profession of a prostitute. That members of this caste are Hindus is certain, though the ancient writers and their modern exponents find some difficulty in fixing them in one of the four castes; but whether they belong to the Suira or fourth caste or to a separate fifth caste is immaterial. That male members of this caste are usually governed by the Hindu Law and usage does not seem to have been questioned; so also when female members marry and have children, as they sometimes do, their family relation is governed by the Hindu Law and presumably the ordinary Hindu Law of Inheritance will govern succession to their properties. At the same time their female children may remain unmarried and become professional dasis without any degradation or stigma attaching to them so long as they observe the caste customs. It is well-known that at least in the Southern Districts they are supposed to be married to the r idol of some temple and it is a question not beyond dispute whether after such a marriage, signified by the tying of a bottu and thali by the archaka or priest, they can contract a real marriage with a member of their caste. They are not virgins, are not married women and never become widows. We are led to make these observations for showing that there is no such thing as a dissolution of the natural tie of relationship between the members of the caste who remain unmarried and follow their trade and their married relations who lead a espectable life. Even in the case of the married or unmarried women of other castes who have become degraded by their immoral conduct, it is now settled that the natural relationship is not broken between such common women and their respectable relations and the ordinary rule of the Hindu Law of Inheritance applies. But it will be seen at once that that law which is based on a system of legal marriage and consequential relationship; cannot be applied at all or at least without very considerable modifications to the property of a woman of this caste who except her own children can ordinarily have relations only through females. The rules as to stridhan obviously do not apply to such property and there is no other rule of succession laid down in the Smrithis or by the commentators prescribing the devolution of the property of women of this caste, except it be the general rule " that to the nearest Sapinda the inheritance next belongs". According to Vignaneswara Sapinda connotes merely relationship (See Acharadhyaya Vivahaprakaranam, pp. 31, 32 & 35, Setlurs Edition. Trans: 1 Madras Law Journal 75. Usage has therefore sprung up in this caste which permits affiliation of daughters and gives preference to females in matters of succession.

2. This was recognised in one of the early cases in this Court Kamakshi v. Nagaratnam (1870) 5 M. H.C.R. 161. There the two daughters of a son inherited the mirasi office of their grand-mother. On the death of one of them her daughter was held entitled to her share of the office jointly with the aunt. The learned Judges held that the rules of inheritance applicable to paternal property were applicable to succession to the property of the mother, treating the females as if they were males, as that was necessary from the nature of the case. It is to be observed that the females so inheriting the property take an absolute interest therein as a male. Apparently the learned Judges thought they were applying the ordinary Hindu Law of Inheritance, with su