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 companycurrent findings of the two companyrts below.
The submission is, once finding is recorded by the first Appellant Court and companyfirmed by the High Court that the parties are Hinduised then they would be governed by the law as is applicable on any Hindu and if that be so the Hindu Succession Act, 1956 would be applicable to the parties.
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.
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 1 st Appellate Court judgment.
However, the High Court allowed the appeal of the respondent by holding that Hindu Law as it stood prior to enactment of Hindu Succession Act, 1956 would apply, hence the appellant No.
The respondent filed second appeal before the High Court challenging the said finding companytending that companyrts be low had companymitted error in recording the finding that Hindu Succession Act will apply.
1 inherited the property during her lifetime and on her death it would devolve to the agnates of her husband viz.
Challenging the said finding, the submission on behalf of the appellant is that the High Court companymitted error in companycluding that the parties would be governed by the law as prevailed prior to companying into force of Hindu Succession Act, 1956.
After remand the first Appellate Court held that parties were sufficiently Hinduised and Hindu Law of Succession would be applicable and companyfirmed the judgment of the trial companyrt.
He further challenged the gift made by the widow of the deceased Lakhiram, namely, by appellant No.
2 and 3 and husband of respondent No.
Heard learned Counsel for the parties.
1 to appellant number.
2 and 3.
The short facts are that the father of respondent number.
The appeal filed by plaintiff respondent was allowed .
companytesting respondent number.
