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2018 Supreme(Jhk) 1250

RAJESH KUMAR, RAJESH KUMAR
Munga Lal Munda – Appellant
Versus
Keshram Munda – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. R.C.P. Sah, Adv.

JUDGMENT :

I.A. No. 3197 of 2015

1. The instant interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of 61 days in preferring the present appeal.

2. Having regard to the reasons stated in the instant interlocutory application, I.A. No. 3197 of 2015 stands allowed and disposed of. Delay of 61 days in preferring the appeal is hereby condoned.

S. A. No. 282 of 2015

3. Heard learned counsel for the appellants.

4. The appellants are original defendants.

5. The suit being Title Suit No. 07 of 2006 has been instituted by the plaintiffs for declaration of right, title and interest over the suit land and confirmation of possession and in alternative for recovery of possession and for permanent injunction against the defendants from interfering with the peaceful possession of the suit land. The suit land is Khewat No. 3/20.

6. It is an admitted position of the parties that the suit land is Mundari Khuntkatti land. The last Munda was Mangu Munda, who died issueless. The plaintiff has claimed Khewat No. 3/20 being the nearest agnates, as per the Munda tradition.

7. The defendants have opposed the prayer by taking various plea regarding non maintainabili






















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