LULLOOBHOY BAPPOOBHOY, CASSIDASS MOOLCHUND Vs. CASSIBAI

JUDGEMENT

(1.) THE question which arises in this appeal relates to the succession to the estate of Mooljee Nundlall, a Hindu inhabitant of Bombay, which opened on the death of his widow Surusvuthebai. Mooljee died in 1840, leaving as his only child a daughter, who died childless in the lifetime of his widow. The widow died in 1862.

(2.) AT the time of Mooljee s death, his paternal first cousin, Gunga-dass Vizbhoocundass, was his nearest male relative. He died in the lifetime of Mooljee's widow, leaving no son, but leaving a widow Mancooverbai, the original Defendant in this suit, and two daughters, who all survived Mooljee's widow. Mancooverbai died during the progress of the suit, and the Respondent Cassibai is her executrix.

(3.) THEIR relationship is clearly stated in the following passage of the judgment of Chief Justice Westropp: It has not been denied that, according to the law, which under the Mitakshara and Mayukha prevails in this Presidency, Lulloo-bhoy and Moolchund (the father of Cassidass, the second Plaintiff) were gotraja-sapindas of Mooljee; the common ancestor of them and of Mooljee was Motilall, who, counting inclusively, was sixth in ascent from Mooljee, and the brothers Lulloobhoy and Moolchund were seventh in descent from Motilall. They are therefore on the extreme verge of sapinda relationship.