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Sheo Nandan and anr. Vs. Munni and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in71Ind.Cas.1013
AppellantSheo Nandan and anr.
RespondentMunni and ors.
Excerpt:
hindu law - mitakshara--inheritances--father's sister's great-grandson. - 1. the only question which arises in this appeal is, whether the plaintiff is a heritable bhinna gotra sapinda of the deceased digga. the plaintiff is the great-grandson of musammat vsahaisi, the sister of digga's father, khem raj. the defendants are the mortgagees in possession and the suit is one for redemption of the mortgage. the first court had held that the plaintiff was a bhinna gotra sapinda who could inherit the property of digga and decreed the claim for redemption. on appeal the lower appellate court has held that the plaintiff was not such a bhinna gotra sapinda as could inherit the property of digga and has on this finding dismissed the claim. the plaintiff comes here in second appeal. it is quite clear that his relationship is not such as would entitle him to inherit the.....
Judgment:

1. The only question which arises in this appeal is, whether the plaintiff is a heritable bhinna gotra sapinda of the deceased Digga. The plaintiff is the great-grandson of Musammat vSahaisi, the sister of Digga's father, Khem Raj. The defendants are the mortgagees in possession and the suit is one for redemption of the mortgage. The First Court had held that the plaintiff was a bhinna gotra sapinda who could inherit the property of Digga and decreed the claim for redemption. On appeal the lower Appellate Court has held that the plaintiff was not such a bhinna gotra sapinda as could inherit the property of Digga and has on this finding dismissed the claim. The plaintiff comes here in second appeal. It is quite clear that his relationship is not such as would entitle him to inherit the estate of Digga, deceased, (sec Sarvadhikari's Hindu Law of Inheritance, Second Edition, page 592). We have not been referred to any authority to the contrary, and all the authorities which we could lay our hands on are against the plaintiff-appellant. This appeal, therefore, fails and is dismissed with costs.


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