DADURAM Vs. BHURI BAI (DIED & DELETED)

JUDGEMENT

(1.) The following two substantial questions of law were framed for determination at the time of admission of this appeal as under: -

(2.) The following genealogical tree would demonstrate the relationship among the parties: -

(3.) The suit property mentioned in Schedule A measuring 13.95 acres situate at Village Darri, Tahsil Dabhra, District Bilaspur (presently District Janjgir-Champa) was originally held by Chuchrung in his exclusive ownership. After death of Chuchrung, his two sons Mardan and Puniram inherited the said property. Mardan and his wife died of cholera in the year 1951 leaving behind three daughters Jagmati, Tilobai and Nanhibai, who is defendant No.7. Defendants No.1 to 3 are sons of Tilobai, whereas defendant No.4 is grand-son of Jagmati being her son's son and defendants No.5 & 6 are sons of Jagmati. Puniram died in the year 1960 leaving behind his three sons who are the plaintiffs. The plaintiffs being heirs of Puniram brought an action for declaration of title and permanent injunction against the defendants on 31-8-1995 pleading inter alia that the parties are Sawara by caste which is notified Scheduled Tribe under the Constitution (Scheduled Tribes) Order, 1950 and they faith and follow the principles of Hindu law and thus, they became Hindus. The defendants being the daughter / daughters' sons of Mardan have no right of inheritance because, Mardan died in the year 1951 before coming into force of the Hindu Succession Act, 1956 (for short, 'the Act of 1956') on 17-6-1956, therefore, the share of Mardan had reversed to his brother Puniram because, prior to 1956, female heirs had no right of succession and the defendants have no right to inherit the property of their father Mardan which the defendants denied stating that they are governed by their own custom while admitting that the suit property was held by Chuchrung and inherited by Mardan and Puniram jointly.