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2016 Supreme(Chh) 54

MANINDRA MOHAN SHRIVASTAVA
Ramdev Ram – Appellant
Versus
Dhani Ram – Respondent


Advocates Appeared:
For the Appellant :Ram Kumar Tiwari, Advocate.
For the Respondent:A.K. Prasad, Neeraj Sharma, Dy. G.A. Advocate.

JUDGMENT :

Manindra Mohan Shrivastava, J.

1. This appeal is directed against the impugned judgment and decree dated 12-7-2002 passed by the lower appellate Court, by which, the lower appellate Court has allowed the appeal and set aside the judgment of the trial Court and decreed the suit in favour of the respondent.

2. This appeal was admitted for hearing on the following two substantial questions of law:-

"(A) Whether the first appellate Court was justified in reversing the order of the trial Court holding that the plaintiffs have not established their case of customary right under the Uraon caste?

(B) Whether the first appellate Court was justified while reversing the judgment of the trial Court holding that the title of the plaintiffs could not have been decided by way of adverse possession?"

3. The facts of the case necessary for decision on two substantial questions of law are stated infra.

4. The appellant-plaintiff filed a suit seeking decree of declaration and permanent injunction in his favour and against his cousin Bhogibai, on the pleadings inter-alia that the parties are members of Uraon tribe where there exist customary law of succession, under which, the daughters are not en
































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