TIRITH KUMAR Vs. DADURAM

JUDGEMENT

(1.) THE CHALLENGE :

(2.) Brief facts as emanating from the record are:-

(3.) The parties to the present lis claim to be Hindus and therefore ask that they be governed by Hindu law in matters of inheritance. The High Court has disallowed this contention on the ground that the parties are members of the Sawara tribe, which is a notified tribe under Article 342 of the Constitution of India. The constitutional position in regard to Articles 341 and 342, which deal with scheduled castes and tribes, respectively, has been delineated by a Constitution Bench of this Court in M.R. Balaji v. State of Mysore, 1962 SCC OnLine SC 147 in the following terms: