ANNAYA MADVALAYA Vs. SIDAYA MURGAYYA SALGAR

JUDGEMENT

(1.) THE only question in this appeal is whether the plaintiff, who is the sister s son of Virbhadrappa, is a nearer heir than the defendant who is great-grandson of Virbhadrappa a paternal uncle. When the succession fell in at the death of Virbhadrappa s mother Nilawa, the defendant s father was alive, and there can be no doubt that the defendant s father, who was a gotraja sajiinda, was the nearer heir than the sister s son who would only rank as a bandhu. THE appeal is dismissed with costs.