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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL
Dilip Uraon, son of Jogiyan Uraon – Appellant
Versus
Mangti Bai, D/o. late Chamra Uraon, wife of Somaru Uraon – Respondent
JUDGMENT :
RAVINDRA KUMAR AGRAWAL, J.
1. This Second Appeal under Section 100 of Code of Civil Procedure, 1908 has been filed by the plaintiffs against the impugned judgment and decree dated 20.07.2010 passed by IIIrd Additional District Judge (FTC) Ambikapur, District Surguja, in Civil Appeal No.57-A/2008 whereby the First Appeal filed by the appellants/plaintiffs against the judgment and decree dated 25.04.2008 passed by Civil Judge Class-II Ambikapur, in Civil Suit No.88-A/2005 has been dismissed and the judgment and decree of the trial court has been affirmed.
2. For the sake of convenience, the status of parties shown in the Civil Suit are being taken in the present Second Appeal.
3. On 24.01.2012, the appeal was admitted by the court for hearing on the following substantial question of law:
“Whether both the courts below were not justified in holding Hindu Succession Act, 1956 is not applicable in the case, ignoring material admissions leading to inference that the parties, after being Hinduised, changed their customs to that what is followed by Hindus?”
4. The plaintiff filed a civil suit for declaration of title, permanent injunction and partition of the suit property admeasuring
The Hindu Succession Act does not apply to aboriginal tribes; inheritance follows customary law unless proven otherwise, emphasizing the principle of justice, equity, and good conscience.
Hindu Succession Act, 1956 cannot apply to scheduled tribes – For a tribe to be notified as a scheduled tribe, notification to that effect has to be issued and vice versa.
The burden of proof for establishing a custom rests on the party asserting it, and clear and unambiguous evidence is required to prove the custom. The court emphasized the need for continuity, certai....
Custom – Custom evolves by conduct – Customs too, like law, cannot remain stuck in time and others cannot be allowed to take refuge in customs or hide behind them to deprive others of their right.
Section 2 (2) of Hindu Succession Act which is Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to members of any Scheduled Tribe within meaning of cla....
(1) Hindu Succession Act, 1956 do not apply on tribals.(2) Tribal Succession – Law by excluding daughter from participating in coparcenary ownership not only contributes to her discrimination on the ....
The main legal point established in the judgment is that the settlement deed was found to be valid and not hit by the Doctrine of Reserve, and the law applicable was only the Hindu Succession Act 195....
(1) Revenue records are not documents of title, but they are evidence of possession. (2) Succession—Customs are not fossilized structures, nor are they etched on stone but are living organism rooted ....
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