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 rela