S.P. Khare, J.

This is defendant's second appeal u/s 100, Civil Procedure Code. The following substantial question of law was formulated at the time of the admission of this appeal by order dated 21-1- 1999:--

"Whether the finding of the learned lower Appellate Court that the respondent No. 1 Mangaribai as per caste custom applicable to the parties was entitled to inherit the suit property is legally sustainable"?

Plaintiff Mangaribai is daughter of Marchai. He had no male issue. He was son of Budhawa. Jhadi was brother of Marchai. The defendants are sons of Jhadi. The parties belong to Oraon tribe which is a "scheduled tribe". Budhawa has left behind 11.46 acres of land as per schedule-A annexed to the plaint in village Basantala Tahsil Kunkuri district Raigarh. The plaintiff, daughter of Marchai is claiming half share in these lands. The case of the defendants is that in Oraon tribe the daughter is not entitled to inherit the property of her father. The inheritance amongst Oraon community is governed by their customary law.

The trial Court held that the plaintiff is not entitled to inherit the share of her father as per caste custom. Reliance has been placed on a book writte