1. The present second appeal has been admitted for consideration on the following substantial question of law:-

"Whether in view of Section 6 of Central Provinces Laws Act, 1875 the Court can apply the principles of Hindu Succession Act to the members of Scheduled Tribes ?"

2. Vide judgment & decree dated 2.5.1994 the Additional District Judge, Surajpur, in Civil Appeal No. 52A/92 allowed the appeal and dismissed the suit by reversing the judgment & decree dated 10.3.92 passed by the Civil Judge Class-II, Surajpur, in Civil Suit No. 9A/88.

3. Undisputed facts of the case, Jhangal and Dakhal were two brothers. Plaintiffs Sarwango and Jaituniya are daughters of Jhangal, defendant Urchamahin was daughter-in-law of Dakhal, brother of Jhangal and Kismat Singh was probably illegitimate grandson of Balam Singh i.e. son of Dakhal. Both brothers Jhangal and Dakhal were joint owner of the property situated at village Kurwa, tahsil Surajpur i.e. 9.88 acres, they were by caste Gond. As per plaint allegation, they follow the Hindu law for their succession, but as per respondents allegation, they were having their own custom for succession.

4. After providing opportunity of hearing to the pa