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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.258

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.258

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v4.c63.t2.258

¹⁴⁴⁵ The third view was propounded by Telang J. in *Rachava v. Kalingappa* 16 Bom. 716, which is referred to by the P. C. in 42 I. A. 208 at pp. 220 and 226. The P. C. do not dissent from Telang J. but do not expressly approve of his views as it was not necessary to do so in that case, where the question was whether the great-grandson of the grandfather of the deceased was to be preferred to the grandson of the great-grandfather and it was held by the P. C. that he was to be preferred. The 2nd view appears to be supported by the words of Aparārka p. 745 'एवं भ्राता तत्पुत्रस्तत्पौत्र इति पितृसन्ततौ त्रयः प्रत्यासन्नाः सपिण्डाः । एवं पितामहसन्ततौ प्रपितामहसन्ततौ च । एषामभावे पित्रादित्रयस्य ये प्रपौत्रास्तेषां पुत्रादित्रयं सापिण्ड्याङ्गमग्राहकम् ।'