RANCHI, India, June 18 -- Jharkhand High Court issued the following order on May 15:

1. This appeal has been filed against the judgment dated 30.01.2013 (decree dated 20.02.2013) passed by the learned District Judge-III, East Singhbhum at Jamshedpur in Title Appeal No. 34/2007, whereby the appeal has been dismissed and the judgment dated 24.04.2007 (decree dated 08.05.2007) passed by the learned Sub-Judge-VI, Jamshedpur in Title Suit No. 218 of 1994 has been confirmed.

2. The learned counsel for the appellants has submitted that the suit was decreed which was filed by the widow and daughter of the recorded tenant and the 1st appeal has been dismissed, but a substantial question of law arises for consideration in this case.

3. The learned counsel submits that the plaintiffs had admitted that they belonged to the tribe called 'Santhal' in their plaint and they had never taken a plea that they are sufficiently hinduised and consequently they are governed by Hindu Succession Act, but the learned courts have recorded finding, on the admission of the defendants in their original written statement, wherein they had stated that the parties are governed by Mitakshara School of Hindu Law. The learned counsel has submitted that though the written statement was not amended, but an additional written statement was filed.

4. The learned counsel has submitted that the plaint was amended and additional written statement was filed and in the additional written statement, a plea was taken that the parties are governed by customary law and according to caste custom, the plaintiffs are not entitled to have a share in the suit property and they never succeeded to the interest of the recorded tenant. It has also been asserted in the additional written statement that the interest in the joint family property devolved upon the brother of the recorded tenant by way of survivorship according to their caste custom and the females are excluded from inheritance and they are only entitled for maintenance.

5. The learned counsel submits that after the substitution of the concerned deceased-defendant, a written statement was filed by legal heir where similar averment was made.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=T2Oj5Y97nX2tmju2FyqIU2fBf2nAjQ5LzyBBYIu7ymX6iyiu6qjfNTtH1G8vPiZ8&caseno=SA/61/2013&cCode=1&cino=JHHC010121272013&state_code=7&appFlag=)

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