The main legal point established is that the Hindu Succession Act, 1956 supersedes customary laws such as the 'joridara' system, and inheritance rights are to be determined in accordance with the provisions of the Act.

Deepak Gupta, J. 1. This Regular Second Appeal is directed against the judgment and decree of the learned Additional, Sirmaur at Nahan dated 20.10.2001 whereby he partly allowed the appeal of the defendants.

2.Respondents 1 &2 Devi Ram and Bhajju filed a suit against Ghassi Ram and Telu Ram (predecessors-in­interest of the present appellants) and Smt.Chandno respondent No.3 herein was the proforma defendant. In the suit it was claimed that the plaintiffs Devi Ram and Bhajju and proforma defendant Chandno were the real brothers and sister of Mohi Ram. They were the children of Kalia from his second wife Juno Devi. It was alleged that prior to his marriage with Juno Devi, Kalia was married to one Jhungri and Ghasi Ram, defendant No.1, was born out of this wed-lock. The case of the plaintiffs, in short, was that since their brother Mohi Ram had died issueless, the plaintiffs alongwith defendant No.2 Telu Ram and Chandno who were the real brothers and sister of Mohi Ram alone were entitled to succeed to the estate of Mohi Ram. However, Ghasi Ram and Telu Ram had in connivance with the revenue staff got the estate of Mohi Ram attested in their favour vide Mutation No.660 dated 4.6.1994 and Mutation No.1525 dated 11.6.1993. According to the defendants, Mohi Ram, Telu and Ghasi Ram were ‘joridar’ brothers having a common wife Dharmi. They claimed that in accordance with the custom in ‘joridara’ system it is the joridar brothers who inherit the estate of the deceased and the estate is not succeeded according to the provisions of the Hindu Succession Act.

3. The learned trial Court held that the custom stood abrogated after coming into force the Hindu Succession Act, 1956 and since admittedly the so called marriage with Dharmi had taken place after 1969, there could be no valid polyandrous marriage. On facts also, it was held that, in fact, Dharmi was not the wife of Mohi Ram. Therefore, the suit of the plaintiffs was decreed and a decree for declaration was granted that the plaintiffs and defendants 2&3 alone are entitled to succeed the estate of Mohi Ram in equal shares. The defendants were also permanently restrained from interfering in the rights of the plaintiffs.

4. The defendants filed an appeal. The learned lower Appellate Court upheld the findings of the learned trial court on merits and also came to the conclusion that no ‘joridara’ system could exist after 1956 and that Ghasi Ram had no right to succeed to the estate of Mohi Ram. However, as far as the relief of injunction was concerned, the learned lower appellate court held that since there was no shred of evidence to show that the defendants 1 &2 had held out threats to dislodge the plaintiffs from the suit land, no relief of injunction could be granted.

5.Aggrieved by this judgment and decree, defendants 1 &2 filed the present appeal. During the court of the appeal they expired and their legal representatives have been brought on record. The plaintiffs also filed cross objections claiming that the relief of injunction should have been granted to them.

6.This appeal was admitted on the following question of law: “Whether Mohi Ram, deceased constituted ‘Joridara” with Ghassi Ram, Telu Ram and on the death of Mohi Ram, his property will be inherited by whom?”

7.In my view, another question also arises and is, “whether any ‘joridara’ system can exist after coming into force of the Hindu Succession Act, 1956.”

8.To understand the question, it would be appropriate to refer to the ‘joridara’ system. This custom was a mixture of both polygamy and polyandry. Under this Joridari system the eldest brother amongst the brothers was the pivot and the woman who was brought into the house in a marriage ceremony became the wife of all the brothers who joined him or associated with him. It was not necessary for all the brothers to join the Joridari but when two or more brothers join together in this common marriage the wife became the common wife of these brothers. If over a period of