( 1 ) THIS appeal has come before us on reference by a learned Single Judge of this Court, as in his opinion it raises a question of importance and some difficulty, touching which there is no decision and that it should, therefore be decided by a Bench. The question posed is whether a custom excluding daughters would also exclude daughters daughter from inheritance when at the time the custom grew, the daughters daughter was not an heir under the Hindu Law.

( 2 ) THE appeal has arisen out of a suit instituted by respondents Hansraj Singh and Vindraban singh for damages and recovery of possession of cultivatory plots mentioned in annexure a and the grove mentioned in annexure b to the plaint. The suit was instituted against twelve defendants. It was alleged in the plaint that one Jagannath Singh who was the owner of the property in suit had three daughters Smt. Ramraj Kunwar, Smt. Mainatha Kunwar and Smt. Bhoga Kunwar. That Hansraj Singh, plaintiff No. 1 is the son of Smt. Ramraj Kunwar, vindraban Singh plaintiff No. 2 and Smt. Parvati Kunwar defendant No. 12 (now respondent No, 1) are the son and daughter respectively of Smt. Mainatha Kunwar and Rameshwar Bux Singh