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The Secretary of State for India in Council Represented by the Collector of North Arcot Vs. Syed Ahmad Badsha Sahib Bahadur - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported inAIR1921Mad248; 67Ind.Cas.971; (1921)41MLJ278
AppellantThe Secretary of State for India in Council Represented by the Collector of North Arcot
RespondentSyed Ahmad Badsha Sahib Bahadur
Excerpt:
- - as the office cannot be enjoyed by several heirs in common, it follows in our opinion that succession must be by primogeniture, and in the absence of any evidence to the contrary we think that the succession must be by lineal primogeniture, that is, by descent to the eldest son and his son and that a grandson who is the son of an eldest son of the last officeholder is entitled to succeed in preference to a junior son, where the eldest son has predeceased hio father, or is incapable of succeeding owing to insanity or any similar reason.1. we are unable to agree with the subordinate judge that assuming the office to be hereditary, the plaintiff has proved that he is the lawful successor by hereditary right. as the office cannot be enjoyed by several heirs in common, it follows in our opinion that succession must be by primogeniture, and in the absence of any evidence to the contrary we think that the succession must be by lineal primogeniture, that is, by descent to the eldest son and his son and that a grandson who is the son of an eldest son of the last officeholder is entitled to succeed in preference to a junior son, where the eldest son has predeceased hio father, or is incapable of succeeding owing to insanity or any similar reason. the appeal must be allowed and the suit dismissed with costs throughout.
Judgment:

1. We are unable to agree with the Subordinate Judge that assuming the office to be hereditary, the plaintiff has proved that he is the lawful successor by hereditary right. As the office cannot be enjoyed by several heirs in common, it follows in our opinion that succession must be by primogeniture, and in the absence of any evidence to the contrary we think that the succession must be by lineal primogeniture, that is, by descent to the eldest son and his son and that a grandson who is the son of an eldest son of the last officeholder is entitled to succeed in preference to a junior son, where the eldest son has predeceased hio father, or is incapable of succeeding owing to insanity or any similar reason. The appeal must be allowed and the suit dismissed with costs throughout.


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