VEDACHELA MUDALIAR Vs. SUBRAMANIA MUDALIAR

JUDGEMENT

(1.) THE two actions which have given rise to the present consolidated appeal relate to the inheritance of one Sankaramurthi Mudaliar, a Hindu inhabitant of the Tinnevelly District in the Madras Presidency, subject to the law of the Mitakshara as recognized in the Dravida country. THE question for determination is of considerable importance and their Lordships cannot help regretting that, owing to the non-appearance of the respondents, it has been heard ex parte. Sankaramurthi died in 1900 without leaving any male issue or a widow. Consequently, on his death his mother, Vedammal, who was alive at the time, succeeded to his estate. She held the property until her own demise in 1910. THEreupon the two claimants, Subramania (since deceased) and Vedachela, came forward alleging title as bandhus to Sankaramurthi's inheritance, each claiming by virtue of his relationship to be preferentially entitled.

(2.) THE following table will show the position in which they stand to each other and to Sankaramurthi: Oaterbak grandfatherMaternal grandfather|| ------------------------ | | Ammani | Vedamurthi = | Vedammal Vedachela (father |(defendant)sister)|Vedanayaka|Subramania (plaintiff) (father) (mother) d. 1887 d. 1910| |--------------------|(the propositus)

(3.) THE point for determination turns on the construction of the rule laid down in the Mitakshara as to the succession of bandhus, for which the. English word" cognate" has been used as a synonym in English translations and treatises on Hindu law and in a long series of judgments. THE history of the law relating to bandhus and the principles governing their right to inherit have been explained at considerable length in the case of Ramchandra Martand v. Vinayak Venkatesh Kothekar. (1914) L.R. 41 I.A. 290; 16 Bom. L.R. 863 It is sufficient to observe here that under the Mitakshara the right of inheritance depends on sapinda relationship, in other words, "community of blood." Sapinda relations are divided into two groups-namely, samanagotra sapindas (blood relations of the same gotra or stock) and bhinna-gotra sapindas (consanguineous relations belonging to another gotra), in other words blood relations connected through females who have passed into other families or gotras. THE bhinna-gotra sapindas on whom the law confers the right of inheritance are the inheriting bandhus.