MOHESH CHUNDER DHAL Vs. SATRUGHAN DHAL

JUDGEMENT

(1.) The only question on this appeal is, whether the Calcutta High Court was right in holding that lineal primogeniture is the rule of succession in the Dhalbhoom family, whose head- quarters are at Ghatsila. There were other questions raised in the suit, hut they have all been finally determined. In the Court of first instance the District Judge of Bankura seems to have come to the same conclusion. He found that the rule of succession in the family was lineal primogeniture "in a limited form." Ho did not, however, explain what he meant by that qualification, and no satisfactory explanation of it has been offered.

(2.) The High Court, considering that the question was merely a question of fact, on which they agreed with the Lower Court, properly declined to give leave to appeal. This Board, however, under the circumstances recommended that special leave should be given. All the evidence that was adduced in the Lower Court was laid before their Lordships, and the case was very ably argued on behalf of the appellant. But their Lordships see no reason to differ from the conclusion at which the High Court arrived.

(3.) It will therefore not be necessary for their Lordships to deal with the matter in any detail.