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Vedachela Mudaliar vs Subramania Mudaliar on 7 July, 1921

6. If the full bench had proceeded on a different principle to that on which the Privy Council proceeded, we should have to consider whether there was any good reason for limiting the principle on which the Privy Council proceeded to the Madras Presidency. But the difficulty I feel in this case is in discovering any intelligible principle underlying the decision of the full bench of this Court. The full bench did not proceed on the principle that as between atma) bandhus the right to succeed should be determined by giving preference to the paternal heirs over the maternal heirs. That I could have understood. But the Court recognised that in view of the earlier Privy Council decision in Vedachela Mudaliar v. Subramania Mudaliar (1921) L.R. 48 1. A. 349, s. c. 24 Bom. L.R. 649 they were bound to hold that in the first instance proximity of relationship was the governing principle.
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