Privy Council Court July 1931 Judgments

Jotindra Nath Roy Vs. Nagendra Nath Roy and Another

Court: Privy Council

Sir George Lowndes: There is no dispute as to the facts in this case. The sole question is as to which of two sets of cognates is entitled to succeed to the estate of a deceased Hindu who may for convenience be referred to as the propositus. The pedigree of the parties is as follows, the names of females being printed in italics : It will be seen from the above that the appellant is a son of a sister of the mother of the propositus, while the respondents are sons of a half-sister of his father. The suit out of which the appeal arises was instituted by the appellant. He had two brothers who apparently refused to support his suit. They were joined as co-defendants with the respondents, but have taken no part in the proceedings. Both the Courts in India held that the respondents are the preferential heirs, though on slightly different grounds, with the result that the suit was dismissed. The plaintiff has obtained leave to appeal to His Majesty in Council in forma pauperis, and has appear...