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2001 Supreme(Jhk) 731

GURUSHARAN SHARMA
BUDHU ORAON – Appellant
Versus
BIRAS MANI MINZ – Respondent


Advocates Appeared:
L.K.Lal, N.K.PRASAD

Judgment :

GURUSHARAN SHARMA, J.

( 1 ) PLAINTIFF is appellant. The only question involved in this Second Appeal is whether Gandura was Ghardamad of lohrain Orain or not.

( 2 ) ADMITTEDLY, Soma Oraon had no male issue and he died some time in the year 1954, leaving behind his widow. Lohrain Orain and two daughters, one of them, namely. Biresmani was unmarried.

( 3 ) GHUR Oraon claiming to be an agnate of Soma Oraon filed Title Suit no. 9 of 1973 for partition and recovery of possession of the suit land, described in Schedule at the foot of the plaint, wherein Birasmani and her husband Gundura were impleaded as defendants 1 and 7. According to him, defendants 1, 2 and 7 introduced a false and concocted story of Gundura as Ghardamad. Defendant No. 3 supported the plaintiff and joined with him for partition.

( 4 ) DEFENDANT No. 1 in her written statement, inter alia, stated that after death of her father in 1954, her mother kept Ghardamad and performed her marriage with him, subsequently in ghardamad form. Before marriage gundura lived with her and managed the entire affairs of Lohrain Orain and in this manner defendants 1 and 7 inherited the properties left by Soma oraon. However, ins












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