(1.) THIS is an appeal from a decree of the High Court of Judicature at Allahabad dated April 13, 1937, which affirmed a decree of the Court of the Subordinate Judge at Muttra in favour of the plaintiff dated September 13, 1933.
(2.) THE only question for decision is one of law, viz. whether the words "sister's son" in Section 2 of the Hindu Law of Inheritance (Amendment) Act, 1929 -which will hereinafter be referred to as "the Act" -include the son of a half -sister. Section 2 of the Act is as follows : A son's daughter, daughter's daughter, sister and sister's son shall, in the order so specified, be entitled to rank in the order of succession next after a father's father and before a father's brother : Provided that a sister's son shall not include a son adopted after the sister's death.
(3.) IT was urged in the Courts in India that the words "sister's son" in Section 2 of the Act would include a half -sister's son, and Dhanpat would therefore have a preferential claim to succeed to the estate of Krishna Murari, but this contention was negatived by the Courts, following the decision in Ram Adhar v. Sudesra. (1933) I.L.R. 55 All. 725, F.B
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