1. The following question has been referred to this Bench for opinion by one of us (Tare, J.) :

"Whether the question whether Gunhari and Sitaram inherited the tenancy lands of their father before 1897 as tenants-iu-common or as joint tenants ought to be decided on the principle of stare decisis or according to the view of the law declared by their Lordships of the Federal Court in Re Hindu Women's Right to Property Act, 1937 "

2. The genealogy of the parties is as under:

Provided that, except in the districts of Chanda, Nimar and Sambalpur, a collateral relative of the tenant shall not be entitled to inherit that right, unless at the death of the tenant he was a co-sharer in the holding."

As regards the phrase 'shall devolve as if it were land', it was urged by the learned counsel tor the appellant that the personal law of the parties was not altogether excluded and that the term 'devolution' included the rule of survivorship under the Hindu law. In this connection he invited our attention to Section 31 at page 23 of 'Principles of Hindu Law, 11th edition by Sir Dinshah F. Mulla. The learned author has discussed the question under the topic 'co-heirs' as follows:

"(1) According to