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1998 Supreme(Pat) 678

P.K.DEB
Dhani Majhi – Appellant
Versus
Ranga Majhi – Respondent


Judgment

P.K.Deb, J.

1. This appeal has been preferred against the judgment and decree dated 20.9.1986 and 30.9.1986 respectively in Title Suit No. 51 of 1984 passed by the then 2nd Additional Subordinate Judge, Chaibasa dismissing the plaintiffs-appellants suit for declaration of title and confirmation of possession and also for recovery of possession.

2. The case of the plaintiffs is that their father Bhuma Manjhi had a brother Batol Majhi @ Bajol Majhi, and this Batol Majhi had only one daughter namely Kandri Majhian who was married with Lusa Majhi, defendant No. 1 Kandri Majhian died leaving behind four sons who are defendant Nos. 2 to 5 and one married daughter Jhuri Majhian, defendant No. 6. The plaintiffs are the sons of Bhuma Majhi. According to the plaintiffs, the lands in Khata Nos. 4 and 5 of Mouza Pandugiti were the ancestral property of the father of the plaintiffs and their uncle Batol Majhi. The father of die plaintiffs became separate long before the last settlement of 1961 and the lands of the plaintiffs father were recorded in the names of the plaintiffs jointly under Khata Nos. 39, 48 and 47. These lands are shown in Schedule C, D and E of the plaint. According to
































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