( 1 ) THIS is an appeal by defendant 2 in a suit for declaration of the plaintiff's title and for recovery of possession.

( 2 ) THE plaintiff is the reversioner to the estate of one Tarapada. Tarapada died in Agrahayan, 1342 B. S. leaving a widow Kalimati. Defendant 2 claims title to a part of the property in suit on the strength of a conveyance executed by Kalimati in Magh, 1350 B. s. It is the plaintiff's allegation that Kalimati remarried in 1344 B. S. It is therefore alleged that by such remarriage Kalimati lost her interest in her husband's estate that is, in Tarapada's estate to which the disputed property appertains, that by the sale by Kalimati after remarriage defendant 2 acquired no title and that the plaintiff is accordingly entitled to possession on declaration of title.

( 3 ) THE trial court decreed the plaintiff's suit. There was an appeal by defendant 2 which was dismissed by the lower appellate court. Hence this second appeal by defendant 2.

( 4 ) MR. Muktipada Chatterjee, learned Advocate for the appellant has raised three contentions. In the first place he contends that as there is a custom of remarriage among the Bairagis to which caste Tarapada