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PANTON, C. C. GHOSE
Santala Bewa – Appellant
Versus
Budaswari Dasi – Respondent
JUDGMENT
1. The defendants are the appellants before us and the facts of the suit, out of which this appeal has arisen, are, shortly stated, as follows:
2. The plaintiff is the daughter of one Lalua Singh who held a six-pies share in a certain jote. The defendant No. 1, Santala Bewa, is Lalua's second wife. On Lalua's death she inherited the share of Lalua in the said jote. Thereafter, the defendant No. 1 married again, according to the custom of the Rajbansis and subsequently she sold the said six-pies share in the jote to defendant No. 2 who again sold the same to defendant No. 3. The plaintiff has brought the present suit for recovery of possession of the said six-pies share on the ground that the defendant No. 1 by her re-marriage had forfeited her right to the said share and that the defendant Nos. 2 and 3 by their purchase had acquired no right and title to the same. The defendant No. 1 in her defence stated that there was a special custom among the Rajbansis that a widow did not forfeit her right to her husband's property by her remarriage.
3. The Munsif held that the Rajbansis were not Hindus and that the parties were governed not by Hindu Law but by custom, and that among the
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