( 1 ) VIKRAM and Lahanu were real brothers, residing separately. Lahanu died, leaving his daughter Mst. Radha, who came in possession of Khasra No. 13/1, area 1. 94 acres of mouza Khedi Pandewar, Tahsil Sausar, District Chhindwara. On 2nd april 1948 Mst. Radha sold the said field to Udebhan (appellant) for a sum of Rs. 2,000/ -. The plaintiff Vikram, who is now dead and whose legal representatives are three respondents before me, challenged the alienation saying that the family was governed by the Benaras School of Hindu Law and Mst. Radha was the limited owner and could not effect the permanent alienation of the field in suit and that there was no legal necessity for effecting such a transfer. He, therefore, filed the suit for possession of khasra No. 13/1. The defendant (appellant) contended that the family of Mst. Radha belonged to the Maharashtrian teli community and that they migrated from Berar; hence they were governed by the Bombay School of Mitakshara Law. He also said that the field in question was sold by Mst. Radha for legal necessity.

( 2 ) THE trial Court took the view that Mst. Radha and her father Lahanu were governed by the Bombay School of Mitakshar