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1970 Supreme(Pat) 95

R.J.BAHADUR, KANHAIYAJI
Langa Manjhi – Appellant
Versus
Jaba Majhian – Respondent


Judgment

Kanhaiyaji, J.

1. This appeal by the defendants arises out of a suit instituted by the plaintiff for declaration of title to and recovery of possession of the suit lands situated in village Sadant Kuchai, Police Station Kharsawan, district Singhbhum appertaining to khata No. 17.

2. The lands in suit are 12 bighas 13 kathas and 13 dhurs, fully described in the schedule attached to the plaint. The case of the plaintiff, Jaba Majhain, who had brought the suit, was that the lands belonged to her father, Baya Majhi, who died leaving behind his widow Deola Majhain and his only daughter, the plaintiff. On the death of Baya Majhi, his widow Deola Majhain came in possession of all his properties as his heir and remained so till her death in the year 1950. The parties are Santhals but are Hindus by religion and are governed by the Hindu Law in the matter of succession and inheritance. Therefore, the plaintiff inherited all the properties of her father and came into possession in permanent raiyati right. The defendants forcibly dispossessed the plaintiff in Jeth, 1368 B.S. on the plea that they had taken possession in execution of a decree obtained by them. The plaintiff stated in the
























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