SHAMLAL Vs. AMARNATH

JUDGEMENT

(1.) THE Judgment of the court was delivered by -

(2.) THE question of law that arises for decision in these appeals by certificate is whether the daughters of a predeceased' son of a Hindu Woman are entitled to succeed to her stridhana ? THE trial court answered the question in the affirmative but the High court in appeal came to the conclusion that they are not entitled to succeed to the estate in question. <PG>34</PG>

(3.) IN arriving at its finding the High court relied on the rules of succession found in Paragraph 147 of Mulla's Principles of Hindu Law (13th Edn.). It came to the conclusion that those rules are exhaustive. On the basis of those rules, it ruled that defendants Nos. 1 to 3 were not entitled to succeed to the estate of Barji. So far as the other defendants are concerned it rejected their claim on the ground that as between the plaintiff and themselves the former is a preferential heir as he is the naearest in degree to Barji.