Kolkata Court June 1875 Judgments

Gobind Chander Lahoory Vs. Rajkishore Lahoory and

Court: Kolkata

Reported in: (1878)ILR1Cal28

Macpherson, Officiating C.J.1. The answer to this question depends upon the construction to be put on the Dayabhaga of Jimutavahana, the founder of the Bengal school. The other authorities current in Bengal are all of them based on the Dayabhaga, and such differences as exist between them and the Dayabhaga scarcely ever involve conflicts of principle. According to the Dayabhaga, the whole theory of inheritance is founded on the principle of spiritual benefit conferred: and it is by that principle that questions relating to inheritance must be tested and determined see the judgment of the Full Bench in Guru Gobind Shaha Mandal v. Anand Lal Ghose Mazumdar 5. B.L.R. 15 the question now before us being no exception to this general rule.2. It appears to me that the Dayabhaga (with the exception of one clause, Chap, xi, Section 5, Clause 35, to which I shall presently refer at length) clearly shows that, where there has been no separation, uterine brothers take to the exclusion of half broth...