BUDDHA SINGH Vs. LALTU SINGH

JUDGEMENT

(1.) This appeal raises an important question as to the order in which, according to the Benares school of the Mitakshara law, gotraja sapindas succeed. The first plaintiff claims the estate of Sahib Sahai as his next heir under the following pedigree:

(2.) The correctness of this pedigree is not admitted on behalf of the defendants; but the case has been decided by the court below on the assumption that it is correct, and the appeal before us has been argued on the same assumption.

(3.) The last male owner of the property in dispute was Sahib Sahai. After his death his mother, Rani Kishori Kunwari, was in possession till her death in 1907. It is claimed on behalf of the plaintiff Buddha Singh, alias Chaturi Singh, that he being the grandson of the great-grandfather of Sahib Sahai, the last owner, has a preferential right of inheritance as against Laltu Singh, the great-grandson of Sahib Sahai s grandfather. The other plaintiffs are purchasers of part of the property from Buddha Singh and are apparently financing the litigation.