KALIAN RAI Vs. RAM CHANDAR

JUDGEMENT

(1.) This appeal arises out of a suit brought by the appellant Kalian Kai against the respondent Ram Chandar for possession of the immovable property of one Kai Singh, deceased.

(2.) The following genealogical table shows the relationship of the parties to the deceased:

(3.) The parties are admittedly governed by the Hindu law of the Mitakshara school. The question which we have to decide is which of the parties (who are both equally near in degree to the propositus) has a preferential right to succeed--the plaintiff as the uncle's son of the deceased, or the defendant as the brother's grandson of the deceased.