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2006 Supreme(Jhk) 102

N.N.TIWARI
Budhisal Murmu – Appellant
Versus
Som Soren – Respondent


JUDGMENT

Narendra Nath Tiwari, J.

1. In this second appeal, the plaintiff-appellant-appellant has sought to challenge the concurrent findings of fact recorded by the courts below. The plaintiff filed Title Suit No. 56/73 seeking a decree declaring his right, title and interest and recovery of possession of the suit property being jamabandi No. 22 of village Jhunki, P.S. Sikaripara, district Dumka. The case of the plaintiff is that the parties are by caste Santhal and they are governed by their customary law. The suit land was recorded in the name of Matla Murmu @ Bhoju, who had one son Indira @ Barka Murmu, who died during the lifetime of his father leaving behind his widow. The wife of Barka Murmu left the house for good and later on died. Matla had one daughter, namely, Raria @ Munni Murmu. She was forcibly taken away by one Mangal Soren for marriage. They lived like wife and husband and two daughters and one son were born. Under Santhal Customary law, the heirs of the recorded tenant Matla are entitled to inherit the suit land and the daughters of her son are not entitled to succeed or inherit the property. The said land was possessed by the plaintiff, but the village pradhan hand





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