BUDHU MAJHI Vs. DUKHAN MAJHI

JUDGEMENT

(1.) This appeal by defendants 1 and 2 arises out of a title suit instituted by the plaintiffs-respondents for declaration of their title to and for confirmation of possession, or in the alternative for recovery of possession of lands appertaining to Khata No. 30 lying in Mauza Juradih in the district of Manbhum.

(2.) The lands in suit admittedly belonged to Majha Majhi whose widow is Chita Mejhan defendant No. 3. The plaintiffs are the agnatic relations of Majha Majhi, being the descendants of the brothers of Langa Majhi, the father of Majha Majhi. The appellants are the purchasers of the inheritance of Majha Majhi from his widow, Chita Mejhan. The plaintiffs' case, stated briefly, so far as is relevant for the purpose of the present appeal, is that the parties being Santals are governed by tribal laws according to which females are absolutely excluded from inheritance, and as such Chita Mejhan, the widow of Majha Majhi, had no interest in the lands in suit, which were inherited by them as being the agnatic relations of Majhi. Their case is that, according to the tribal Jaws, inheritance of a sonless Santal passes to the agnates to the exclusion of the female relations. It may be noted that Majha had a son Birbal who also died leaving a widow, Mini. This Mini subsequently remarried, and it is not in dispute before me now the lands in suit would pass to Chita if a female is not excluded from inheritance. Since however, Chita sold the lands to the appellants, the plaintiffs considered that a cloud had been thrown on their title and they, therefore, brought the present suit for the" reliefs as stated above.

(3.) The suit was contested by the appellants who denied that they were governed by the tribal laws of the Santals. Their case was that they had sufficiently been Hinduised and had adopted the Hindu Law in matters of inheritance and succession. They averred that after the death of Birbal, Mini performed her remarriage and consequently the lands in suit were inherited by his mother, Chita Mejhan, who transferred the same to them and that she had full power to make the transfer.