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2019 Supreme(Jhk) 1989

SANJAY KUMAR DWIVEDI
Jagarnath Bhagat (Oraon) – Appellant
Versus
Deepak Bhagat – Respondent


Advocates Appeared:
For the Appellants : Mr. Arun Kumar, Adv.

Headnote: Read headnote

JUDGMENT :

1. The appellants have preferred this Second Appeal against the judgment and decree dated 07.06.2017 and 27.06.2017 respectively, passed by learned Principal District Judge, Gumla in Title Appeal No. 15 of 2015, whereby the appeal was dismissed and the judgment and decree dated 27.06.2015 and 10.07.2015 respectively, passed by learned Civil Judge, (Senior Division)-II, Gumla, in Title Suit No. 15 of 2010 has been confirmed.

2. The case of the respondents/plaintiffs is that the respondents/plaintiffs are by caste “Oraon” and are governed by the “Oraon Customary Law” and as per this law, the daughters and widow are not entitled to inherit the property left by male Oraon. It has further been submitted that the lands of R.S. Khata No. 53, total area about 20.07 acres is jointly recorded in the name of Perla Oraon and Mani Oraon and separate shares of both the recorded tenants, have been shown in the Records of Right but in fact, there was no partition among the recorded tenants by metes and bound and even after the death of record

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