Banerjee, J. - (1.) The question which we are required to determine in this appeal, is whether under the Hindu law current in the Bengal School, a Brahmin rival wife's daughter is entitled to succeed to the streedhan of a deceased Hindu in preference to her husband's brother. The property is the pitridatta streedhan property of the deceased, that is to say, it is gift and a bequest from her father after marriage. The decision of the question depends on the meaning of para. 16 in Ch. IV Section ii of Dayabhaga of Jimutavahana, who is the paramount authority in the Bengal School. That paragraph has been translated by Colebrooke as follows: "16. As for a passage of Manu, 'The wealth of a woman, which has been in any manner given to her by her father, let the Brahmani damsel take; or let it belong to her offspring;' since the text specifies 'given by her father,' the meaning must be, that property, Which was given to her by her father, even at any other time besides that of the nuptials, shall belong exclusively to her daughter and the term Brahmani is merely illustrative (indicating, that a daughter of the same tribe with the giver inherits). Or, lest the term should be impertient, the text may signify that the Brahmani damsel, being daughter of a contemporary wife, shall take the property of the Kshatriya and of other wives dying childless, which had been given to them by their fathers. The precept, which directs, that 'the property of a childless woman shall go to her surviving husband'; does not here take effect. Such is the meaning of the passage; for else according to the preceding interpretation) all the texts (which declare the equal right to the son and daughter, to inherit their mother's property in certain cases) would be incongruous."
(2.) The correctness of the translation is not challenged. The word 'damsel' in the translation by Colebrooke represents the word 'Kanya' in the original text of Manu.
(3.) Learned counsel for the appellant lays Stress on the word 'Brahmani' in the words 'Brahmani Kanya' and says that the paragraph has reference to a Brahmin rival wife's daughter. He contended that in early days a Brahmin male could take for a wife a Brahmin or a Kshatriya or a Sudra wife and the use of the word 'Brahmani' suggested that it was the daughter of the Brahmin rival wife who would succeed in preference to the offspring of a rival wife belonging to other caste. We are unable to accept that contention because it overlooks the succeeding words 'or let it belong to her offspring.';