Bhutnath Mondol v. Secretary of State for India in Council
1906-07-19
body1906
DigiLaw.ai
JUDGMENT Rampini, J. - This is an appeal against the decision of Mr. Deb, the District Judge of Hooghly, who has rejected the application of the Appellant for letters of administration to the estate of one Amrita Dasi. The defense is that Amrita Dasi and her sister Nistarini were prostitutes and outcastes and that accordingly the Petitioners are not entitled to inherit Amrita Dasi's property. The Judge has found this question of fact against the Petitioners. They accordingly appeal and contend (1) that Amrita Dasi was not a prostitute or an outcaste and that if she led an immoral life, this did not sever her relationship with her natural relations and (2) that even if she were an outcaste, this did not disentitle the Petitioners from inheriting her property. 2. We have had all the evidence laid before us, and it has been commented on by the pleaders of both sides at considerable length. It is unnecessary to recapitulate it, for the District Judge has in his judgment Bet forth the substance of the deposition of each witness. It is sufficient for me to say that I see no reason to dissent from the conclusion which the learned Judge, who is a Hindu gentleman, and therefore necessarily well acquainted with the social customs of the people, has arrived at on the facts. 3. As to the question of law raised by the learned pleader for the Appellant, I need only say that I adhere to the rule laid down in Taramunnee Dassee v. Mutte Buneanee 7 Sel. Rep. 273 and followed by this Court in the goods of Kaminey Money Bewah ILR (1894) Cal. 697 and Surnomoyee Bewa v. Secretary of State ILR (1897) Cal. 254. The Madras High Court notwithstanding some early cases, in which the rule laid down in Taramunnee's case has been followed or referred to with approval, has in a recent case, Subbaraya Pillai v Rama Sami Pillai ILR (1899) Mad. 171, laid down a different rule, but in my opinion we must adhere to the law as consistently administered by this Court. 4. I would dismiss this appeal with costs, hearing fee 7 gold mohurs. Woodroffe, J. I think that it has been established as a fact that Amrita Dasi was a prostitute.
171, laid down a different rule, but in my opinion we must adhere to the law as consistently administered by this Court. 4. I would dismiss this appeal with costs, hearing fee 7 gold mohurs. Woodroffe, J. I think that it has been established as a fact that Amrita Dasi was a prostitute. I am not prepared to say that were the matter res Integra I should decide the point of law involved adversely to the Appellant. The course of decision however in this Court ever since 1846 has been the other way and whatever may be my own views on the point, I do not think it would be right to attempt to disturb what apparently has been the settled law of this Court for so long a period. I therefore agree in dismissing this appeal with costs.