Gangadhar Narayan Pandit Jamnis v. Ibrahim Valad Bava Nakhava Dingankar

Macleod, C.J:— The question in this appeal is whether Gangadhar as the surviving son of Naro succeeded to Naro's property to the exclusion of the sons of his deceased brothers. Naro and his four sons had become separated. Gangadhar contended that after the death of Naro he was entitled to one-fifth share in the Khoti which had come to Naro on the partition. The question was considered in Marudayi v. Doraisami Karambian. It was there held that the right of divided sons, grandsons and great-grandsons of the last male owner to succeed to his divided property, is the same as in the case of undivided family property. Their Lordships said (p. 351):—

“It must however be conceded that to allow a rule of succession per stirpes in a separated family is to admit an exception to the rule of Hindu law by which the inheritance devolves on the nearest Sapinda; but the exception is one which in our opinion necessarily follows from the exposition given by Vijnaneswara (Mil. 1-1-3) of the rights of sons and grandsons in the estate of the grandfather”.

With respect I agree. Moreover, speaking for myself, I should not be inclined to differ from a decision, on a question such as the present one, by a Division Bench of another High Court, unless it could be established in argument before me that there were very good grounds for thinking that we are justified in coming to a different conclusion. In this case the appellant's pleader has not been able to put before us any reasons why we should differ from the decision of the Madras High Court except that it would be against the interest of his client.

There is farther reason why we should follow it, as this case is cited in the 8th edition of Mayne's Hindu law, para. 540, at page 755, and no exception whatever has been taken to the law as laid down therein. We, therefore, follow that decision and dismiss the appeal. As the respondent has not appeared, there will be no costs.

Decree confirmed.

J.G.R