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Seetaramayya Vs. Venkatarazu and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in(1895)ILR18Mad420
AppellantSeetaramayya
RespondentVenkatarazu and ors.
Cases ReferredKrishnamma v. Papa
Excerpt:
regulation xxix of 1802, section 7 - zamindari karnam--order of succession to hereditary office. - 1. the decision of the subordinate judge is correct. it is in accordance with the decision in krishnamma v. papa 4 m. h. c. r. 234 where it was held that a daughter's son was to be preferred to a brother's son, on the ground that the 'heirs of the preceding karnam' in section 7 of regulation xxix of 1802, mean his next of kin according to the order of succession of the several grades of legal heirs, and not heirs in the order of succession to undivided divisible ancestral property.2. this appeal fails and is dismissed with costs.
Judgment:

1. The decision of the Subordinate Judge is correct. It is in accordance with the decision in Krishnamma v. Papa 4 M. H. C. R. 234 where it was held that a daughter's son was to be preferred to a brother's son, on the ground that the 'heirs of the preceding karnam' in Section 7 of Regulation XXIX of 1802, mean his next of kin according to the order of succession of the several grades of legal heirs, and not heirs in the order of succession to undivided divisible ancestral property.

2. This appeal fails and is dismissed with costs.


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