RAJEPPA RANAPPA KUNDAGOL Vs. GANGAPPA JOTAPPA MANDWE

JUDGEMENT

(1.) The question of law arising in this appeal is as to how the property of a Hindu would devolve when the nearest relations of the deceased are his mother's sister's son and mother's brother's son.

(2.) The facts are not in dispute. Nagapa was the last male holder and the adopted son of Jivapa. On his death the property devolved on his adoptive mother Pirava. She alienated the property in suit to her brother's son who is defendant No. 1. She died, and thereafter defendant No. 2, who is found to be her sister's son, sold the property to the plaintiff. On Pirava's death the inheritance is to be traced to Nagapa. The plaintiff claims through the adoptive mother's sister's son: and defendant No. 1 claims as the mother's brother's son. The alienation by Pirava ceased to be operative on her death.

(3.) The trial Court held that the mother's sister's son was the preferential heir, and decreed the plaintiff's claim. The lower appellate Court held that the mother's brother's son was the preferential heir and accordingly dismissed the plaintiff's suit with costs.