JUDGMENT - A.A. DESAI, J.:---This appeal raises the questions as to whether :---

A. Members of the tribes notified by the Constitutional (Scheduled Tribes) Order, 1950, (hereinafter referred to "the order of 1950") are deemed to be scheduled tribe regardless of the area specified in relation to them for the purposes of exception as provided under sub-section (2) of section 2 of the Hindu Succession Act, 1956 (hereinafter referred to "the Act of 1956) ?

B. The Scheduled Castes and Scheduled Tribes Order (Amendment) Act of 1976 (hereinafter referred to the Act of 1976) being a declaratory Statute, operates retrospectively ?

2. The plaintiff Shantabai married to late Hari. She was his second wife. She gave birth to daughter Suman. Hari died in 1961. Suman died in 1966. Defendants Nos. 1 and 2 are respectively brother and mother of Hari. Defendant No. 3 Smt. Chindhi is a daughter of Hari from first wife.

The parties have been the residents of District Wardha which is within the region known as Vidarbha. The region was a part of the erstwhile State of Madhya Pradesh.

3. According to the plaintiff, Ramnath father of Hari, died in 1947 leaving behind him the property more specifically describ

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