A family, aboriginal in origin, can be held to have adopted Hinduism in its entirety if they have adopted Hindu names, employed priests, performed pujas, observed mourning, and performed funeral ceremonies, even if they have retained a few relics of their ante-Hinduism period.

Choudhary, J.

1. This appeal by defendants 1 and 2 arises out of a title suit instituted by the plaintiffs-respondents for declaration of their title to and for confirmation of possession, or in the alternative for recovery of possession of lands appertaining to Khata No. 30 lying in Mauza Juradih in the district of Manbhum.

2. The lands in suit admittedly belonged to Majha Majhi whose widow is Chita Mejhan defendant No. 3. The plaintiffs are the agnatic relations of Majha Majhi, being the descendants of the brothers of Langa Majhi, the father of Majha Majhi. The appellants are the purchasers of the inheritance of Majha Majhi from his widow, Chita Mejhan. The plaintiffs case, stated briefly, so far as is relevant for the purpose of the present appeal, is that the parties being Santals are governed by tribal laws according to which females are absolutely excluded from inheritance, and as such Chita Mejhan, the widow of Majha Majhi, had no interest in the lands in suit, which were inherited by them as being the agnatic relations of Majhi.

Their case is that, according to the tribal Jaws, inheritance of a sonless Santal passes to the agnates to the exclusion of the female relations. It may be noted that Majha had a son Birbal who also died leaving a widow, Mini. This Mini subsequently remarried, and it is not in dispute before me now the lands in suit would pass to Chita if a female is not excluded from inheritance. Since however, Chita sold the lands to the appellants, the plaintiffs considered that a cloud had been thrown on their title and they, therefore, brought the present suit for the" reliefs as stated above.

3. The suit was contested by the appellants who denied that they were governed by the tribal laws of the Santals. Their case was that they had sufficiently been Hinduised and had adopted the Hindu Law in matters of inheritance and succession. They averred that after the death of Birbal, Mini performed her remarriage and consequently the lands in suit were inherited by his mother, Chita Mejhan, who transferred the same to them and that she had full power to make the transfer.

4. The trial court accepted the plea of the appellants and held that the parties had become Hinduised and had adopted the Hindu Law for the purpose of succession. It also gave its finding in favour of the appellants on other points raised in the case with which I am not concerned in the present appeal. The findings on those points have not been challenged before me. The suit was accordingly dismissed.

On appeal by the plaintiffs, the learned Subordinate Judge of Purulia reversed the finding of the trial court on this point and held that the parties were governed by the tribal laws of the Santals according to which the females were excluded from inheritance and that Chita Mejhan, therefore, had no right to make the transfer of the suit lands in favour of the appellants and they did not acquire any right over them by such transfer. He, therefore, decreed the suit of the plaintiffs, and defendants 1 and 2 have come up in second appeal to this Court.

5. There is no dispute that if the parties are governed by the Hindu Law in matters of inheritance and succession, Chita Mejhan inherited the suit lands and she had a right to transfer the same. There is also no dispute that if they are governed by the tribal laws, the inheritance of Majha or Birbal would pass to the plaintiffs and the appellants acquired no title by taking the transfer from Chita. Hence, the question that falls to be decided is as to by which laws the parties are governed in matters of inheritance and succession. Both the parties have adduced evidence to substantiate their respective version of the case. The question whether the parties, who are of non-Hindu origin, have been sufficiently Hinduised so as to attract, the provisions of the Hindu Law in matters of inheritance and succession is a mixed question of law and fact (Vide, -- Chunka Manjhi V/s. Bhabani Manjhi, AIR 1946 Pa