JUDGMENT

1. The question involved in this appeal relates to the right of succession of an unchaste daughter to the estate of her father under the Dayabhaga Law.

2. The appellant before us is the daughter of one Sasadhar Koch. During her father's lifetime she eloped with a person named Kheda Kooh and they lived together for several years as man and wife. After her father's death, however, she married Khedu, and she now claims the property left by her father as his heiress.

3. It appears too that Sasadhar after the death of the plaintiff's mother took another woman Bishali as his "mistress or wife without any formal marriage" and had a son by her and two daughters by her. The son is dead, but the daughters are alive and are in possession and they contested the plaintiff's claim. The Court of first in stance decreed the suit. Oft appeal the suit has been dismissed and the plaintiff has appealed.

4. The parties are Koches, aboriginals of Assam. It has been hell by this Court see Deepo Debia v. Govindo Deb 16 W.R. 42 : 11 B.L.R. 131 note that the Dayabhaga School of Hindu Law is the law applicable to Assam and the learned Vakil for the appellant has argued the ease on the view that the Daya