JUDGMENT

Rau, J. - The only question in this second appeal is as to the customary rule of inheritance amongst the Garos of Mymensingh. The facts are simple. The parties belong to the Sangma clan or sect of the plains Garos of the Mymensingh District as distinguished from the hill Garos. One Kanai acquired certain lands by his personal labour as well as with borrowed money. There is no dispute now that upon his death they passed to his widow, Indra Moni, who however died later the same day, leaving some sons, two sisters and a sister's daughter. Plaintiff 1 is one of the sisters and plaintiff 2 is the daughter of the other sister. They claim the estate alleging that they are entitled to it in preference to the sons of the deceased under Garo custom. Both the Courts below have dismissed the suit. The finding of the lower appellate Court as to the oral evidence in the case is this:

The evidence of the witnesses examined by both sides does not seem to be quite reliable on the question of the customary law on the point. Their knowledge is not derived from sufficient actual experience or from authoritative books or from any strong tradition and the oral evidence on this point is very meag