High CourtsDivision Bench(1920) 02 BOM CK 0021

Annaya Madvalaya vs Sidaya Murgayya Salgar

Bombay High Court · Decided on 10 February 1920 · Citation: (1920) 22 BOMLR 1092

HON’BLE JUDGES
Norman Macleod, J · Heaton, J
RESULT
Dismissed
CASE NUMBER
Second Appeal No. 27 of 1919

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Judgment

1 paragraphs · 87 words

Norman Macleod, Kt., C.J.—The only question in this appeal is whether the plaintiff, who is the sister''s son of Virbhadrappa, is a nearer heir than the defendant who is great-grandson of Virbhadrappa''a paternal uncle. When the succession fell in at the death of Virbhadrappa''s mother Nilawa, the defendant''s father was alive, and there can be no doubt that the defendant''s father, who was a gotraja sajiinda, was the nearer heir than the sister''s son who would only rank as a bandhu. The appeal is dismissed with costs.