LABISHWAR MANJHI Vs. PRAN MANJHI

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The present appeal is directed against the judgment and order dated 27th January, 1986, passed by the High Court whereby the second appeal of the respondent was allowed while setting aside the concurrent findings of the two courts below.

(3.) The short facts are that the father of respondent nos. 2 and 3 and husband of respondent no. 1, filed a suit against the appellant for declaration that they being an agnate of the deceased husband, inherited the property according to the custom of Santhal tribe where females are excluded from the right of succession. He further challenged the gift made by the widow of the deceased Lakhiram, namely, by appellant no. 1 to appellant nos. 2 and 3. The trial court dismissed the suit by holding that parties have become sufficiently Hinduised and as such the Hindu Law of Succession would apply and thus the widow will inherit the property of the deceased, consequently gift made by her to the appellant nos. 2 and 3 is also valid. The appeal filed by plaintiff-respondent was allowed. In second appeal, High Court remanded the case back to the first Appellate Court for recording the finding whether the parties were sufficiently Hinduised after setting aside 1st Appellate Court judgment.