JUDGMENT Gurusharan Sharma, J. 1. Plaintiff is appellant. The only question involved in this Second Appeal is whether Gandura was Ghardamad of Lohrain Grain or not. 2. Admittedly. Soma Oraon had no male issue and he died some time in the year 1954, leaving behind his widow, Lohrain Grain and two daughters, one of them, namely, Biresmani was unmarried. 3. Ghur Oraon claiming to be an agnate of Soma Oraon filed Title Suit No. 9 of 1973 for partition and recovery of possession of the suit land, described in Schedule at the foot of the plaint, wherein Birasmani and her husband Gundura were impleaded as defendants 1 and 7. According to him, defendants 1, 2 and 7 introduced a false and concocted story of Gundura as Ghardamad. Defendant No. 3 supported the plaintiff and Joined with him for partition. 4. Defendant No. 1 in her written statement, inter alia, stated that after death of her father in 1954, her mother kept Ghardamad and performed her marriage with him, subsequently in Ghardamad form. Before marriage Gundura lived with her and managed the entire affairs of Lohrain Grain and in this manner defendants 1 and 7 inherited the properties left by Soma Oraon. However, in- spite of aforesaid pleadings of defendant No. 1, trial Court framed issue No. 5 as under: "Is the defendant No. 7, Gundura Oraon, the Ghardamad of Some Oraon and his wife"? 5. The said issue was decided by the trial Court in affirmative holding that Gun-dura was Ghardamad of Soma Oraon and his wife, who was married with Birasmani and had acquired right, title and interest over the suit land. 6. Title Appeal No. 1 of 1981 filed by plaintiff against the aforesaid decree was also dismissed and the trial Courts findings were affirmed. It was held that Lohrain, widow of Some Oraon was herself legally competent to adopt a person as Ghardamad after death of her husband. 7. "Ghardamad is required to live at the house of his father-in-laws family before and after the marriage to look after the works of his father-in-law and he gets the property of father-in-law only after death of his father-in-law and mother- in-law. 8. 7. "Ghardamad is required to live at the house of his father-in-laws family before and after the marriage to look after the works of his father-in-law and he gets the property of father-in-law only after death of his father-in-law and mother- in-law. 8. At the time of admission of this appeal, following substantial question of law was framed: "Whether the judgment and decree of the Courts below can be sustained in view of the fact that the trial Court while framing issue No. 5. Wholly misread the written statement filed by defendant Nos. 1 and 7 who stated that she had kept Gandura Tirkey as Ghardamad, whereas the issue that was framed by the trial Court was whether Gandura Oraon was Ghardamad of Some Oraon and his wife"? 9. It is true that in view of admission made in paragraph 2 of the written statement of defendant No. 1 that her widow-mother adopted her husband prior to her marriage with him as Ghardamad and subsequently she was married with him in Ghardamad form, issue No. 5 ought to have been framed "whether Lohrain widow of Soma Oraon was authorised to adopt Gandura defendant No. 7 as Ghardamad, but instead of that issue No. 5 was framed in the aforesaid manner. 10. In my view, formation of issue No. 5 in aforesaid manner, shall have no bearing on merit of the case of parties. In the presently case, admittedly after death of her husband, Lohrain firstly adopted defendant No. 7 as Ghardamad and then subsequently married her daughter, defendant No. 1 with him in Ghardamad form. 11. According to custom of Oraon community if the last male owner left a son less widow, such widow may have a Ghardamad selected either by her late husband or by herself on the death of her husband. In Oraon community, if there was no male issue or adopted son, a person could have been adopted as Ghardamad into the house as a prospective son- in-law by the last male owner or even by his widow. A Ghardamad is required to live at the house of his father-in-law before and after the marriage to look after the works of his father-in-law and he gets the property of his father-in-law only after the death of his father-in-law and mother-in-law. A Ghardamad is required to live at the house of his father-in-law before and after the marriage to look after the works of his father-in-law and he gets the property of his father-in-law only after the death of his father-in-law and mother-in-law. For the aforesaid proposition reference may be made to the book "Oraons of Chotanagpur" written by Sri Sarat Chandra Roy. 12. In the present case the suit property was separate and exclusive property of Soma Oraon, husband of Lohrain and she administered the same and received usufruct thereof so long she was alive. Mostt. Lohrain was herself legally competent to adopt a person as Ghardamad after death of her husband. In the present case it was found that Soma Oraon in his life time had brought Gandura as a Dhangar from village Taisera to get his daughter married with him but Soma died and thereafter Lohrain got her daughter. Birasmani married with Gandura. The marriage took place after Somas death. Birasmani lived at her parents village from her childhood and had not gone to her husbands village even after her marriage. 13. In the aforesaid circumstance, it was rightly held that Gundura Oraon was Ghardamad of late Soma Oraon and his wife Lohrain, who was married with defendant No. 1 and got right, title and interest over the suit property. 14. This Second Appeal is concluded by concurrent findings of fact recorded by the two Courts below. It is dismissed, according ly, but without costs. 15. Appeal dismissed.