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1996 Supreme(Pat) 734

P.K.DEB
Bandhana Munda alias Bandhana Uraons – Appellant
Versus
Bighlaha Pahan – Respondent


Advocates Appeared:
For the Appellants : M/s M.M.Banerjee, S.K. Laik.
For the Respondents: Mr. B.K. Dubey.

JUDGMENT

Prasun Kumar Deb, J.

This appeal has been preferred by the above named defendants-appellants against the judgment and decree passed by Sri Loknath Prasad, the then 5th Additional Judicial Commissioner, Ranchi, in Title Appeal no.60/18 of 1977/1982, affirming the judgment and decree dated 23.2.1977 passed by Sri Mohan Krishna Verma, 5th Additional Subordinate Judge, Ranchi, in Title suit no. 15/18 of 1974/1975.

2. Respondent nos. 1 to 4 and respondent no.5, Bhatu Pahan, who is dead, instituted the above mentioned Title suit before the Sub-Judge, Ranchi, in respect of the lands of Khata nos. 211 and 212 of village Chhipra, P.S. Ratu, against the appellants and the other respondents in representative capacity under Order I rule VIII of the Civil Procedure Code.

3. It is the case of the plaintiffs-respondents that the post of Pahan is hereditary and not elective and this post is held by one of the members of Pahankhunt i.e. the plaintiffs and defendants no.10 and the defendants and other villagers have no right to disturb the peaceful possession of the plaintiffs and defendant no.10 in respect of the lands in suit. The prayer for permanent injunction was also there restraining th













































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