Mumbai Court January 1912 Judgments

Ambaidas Parag Vs. Jijibhai Raiji

Court: Mumbai

Reported in: (1912)14BOMLR261

Basil Scott, Kt., C.J.1. The only question argued in this appeal is whether the fifth male descendant in a particular line collateral to that of the propositus is to be preferred to the widow of one in the third degree in the same collateral line.2. It is conceded that the question has been decided in the affirmative in regard to Hindus in this Presidency governed by the law of the Mitakshara : see Kashibai Ganesh v. Sitabai Raghunath Shivram : (1911)13BOMLR552 applying the principle enunciated in Rachava v. Kalingapa ILR (1892) 16 Bom. 716. It is, however, contended that the law is different where the parties belong to that part of the country where the law of the Mayukha prevails. This contention is met by the pleader for the respondents by reference to a decision of an appellate Bench of this Court in Bai Mahalaxmi v. Bai Suraj see p. 263, infra (note.) in which the principle stated in Rachava v. Kalingapa ILR (1892) 16 Bom. 716 was applied as between litigants from Gujarat governed...