T. S. MISRA, J.:- The following question has been referred to the Full Bench for opinion:-

"Whether a custom under which daughters are excluded from inheriting the property of their father can by implication exclude the daughters' issues both males and females, also from such inheritance ?"

The facts to the extent they are material are these. Ghurpattari and others filed Suit No. 180 of 1964 for securing possession of a house situated in Mauza Nasirpur, pergana Bidhar, Tehsil Tanda, Dist. Faizabad, alleging that the suit house belonged to Lautan, ancestor of the parties, that Khilawan great grandson of Lautan had illicit relations with Smt. Jaggo who gave birth to three daughters, but all of them died of Cholera, and that Jaggo's sister had two daughters, Baldei and Rajdei who were brought up by Khilawan and Jaggo as their own daughters. Sarju Din defendant No. 2 was son of Baldei, Khilawan died about 20 years before the institution of the suit. Smt. Jaggoo had no right in the property, but in order to provide her maintenance, she was kept in the house and her name was not entered in the revenue papers. Jaggoo died 10 or 11 years before the institution of the suit and Raj De