MAHANT GARUDDAS Vs. MAHANT LALDAS

JUDGEMENT

(1.) THE only question for determination in this appeal is as to rival claims to succession under the Hindu law between uncles of the whole and of the half blood.

(2.) THE parties are Grihastha Gosains, known as Mahants, and are governed by the Benares School of the Mitakshara. THEir relationship will sufficiently appear by the following abbreviated pedigree in which names of females are printed in italics: Dularkaur = Lakhmidas = Phulkaur | | | |---------------------------------------| | || Laldas Bajrangdas Ramkrishnadas = RajkuarGaruddas |Bhagwatdas

(3.) LALDAS appealed to the Court of the Judicial Commissioner. His appeal was heard by Hallifax and Mohiuddin A.J.C. who, differing from the District Judge, held that as between uncles no preferential right attached to the whole blood, and that the parties were therefore entitled to share equally. They accordingly set aside the decree of the lower Court and passed a decree in favour of LALDAS for a one-third share of the property with costs. No corresponding relief was given to Bajrangdas on the ground, apparently, that he had paid no court fee. The decree of the appellate Court was dated July 14, 1928.