APPAJI JIJAJI VAIDYA Vs. MOHAN LAL RAOJI GUJAR

JUDGEMENT

(1.) The contest in this case is between defendant 1, purchaser from defendant 2, Mainabai, the widow of a predeceased son of the propositus Veerchand and the plaintiffs, the grandsons of Veerchand's brother Hemchand, joint, according to the finding of the trial Court, but separated from Veer chand, according to the finding of the lower appellate Court.

(2.) The relationship between the parties is shown in the following genealogical tree.

(3.) The question is whether the brother's grandsons are included in the compact series of heirs, or whether that series ends with the brother's son and the brother's grandsons succeed only as got-raja sapindas, in.which case in Western India they are clearly excluded by the daughter-in-law as being in the nearer line. Both the lower Courts decided in favour of the brother's grandsons, holding that the decision in Buddha Singh V/s. Laltu Singh A.I.R. 1915 P.C. 76 applied to this case and to this Presidency. The defendants appealed, and the second appeal, coming before Baker, J., has been referred to this Bench.