ROOPAUTIN BAI Vs. SUNDERI BAI

JUDGEMENT

(1.) Heard on admission and formulation of substantial question of law in this second appeal preferred by the appellant/plaintiff under Section 100 of the CPC against the impugned judgment and decree of the first appellate Court affirming the judgment and decree by which trial Court dismissed the suit of the plaintiff finding no merit.

(2.) Mr. Gyan Prasad Shukla, learned counsel for the appellant/plaintiff would submit that both the Courts below have concurrently erred in holding that plaintiff is not the exclusive title-holder of the suit property left by Narad as parties are 'Gond' by caste and as per their customary law, daughters do not inherit the property of their father, as such, the second appeal deserves to be admitted by formulating substantial question of law for determination.

(3.) Suit property was originally held by Narad who had one son namely Foolsingh. Plaintiff is the widow of Foolsingh and defendants No. 1 and 2 are daughters of Narad.