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GIRMWOOD MEARS, PIGGOTT
Sham Behari Lal – Appellant
Versus
Ram Kali – Respondent
JUDGMENT
1. This was a claim to certain property by inheritance. It was at one time the stridhan property of Musammat Sahodra and descended after Sahodra's death to Musammat Ram Piari, her daughter. Ram Piari is now dead and the defendant in possession is Ram Kali; daughter of Ram Piari. The plaintiffs are the sons of one Ganga Din, who was a son of Musammat Sahodra. As the Trial Court has rightly remarked, it is now quite settled law that Musammat Ram Piari, taking this property by inheritance from her mother, did not take it as her own stridhan, that she took it with a limited estate, with the remoter after her death to the heirs of her predecessor.
2. The question for determination then is whether the defendant, Musammat Ram Kali, as the daughter's daughter of Musammat Sahodra, is a nearer heir to Musammat Sahodra than the two plaintiffs who are the son's son of that lady.
3. On behalf of the respondent it is contended that, under the Mitakshara School of law, there can be but one answer to this question, and that the daughter's daughter has the preference. In principle two other High Courts have undoubtedly affirmed the view that, in such a case as the present, we have to look to
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