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2022 Supreme(Jhk) 1031

ANIL KUMAR CHOUDHARY
Raska Tudu – Appellant
Versus
Vitiyo Soren W/o Late Shyam Murmu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Gautam Kumar.
For the Respondent: Din Dayal Saha.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This Second Appeal under Section 100 of the Code of Civil Procedure has been preferred against the judgment and decree dated 22.05.2009 passed by learned Additional District Judge, Fast Track Court, Rajmahal, in Title Appeal No. 24 of 2007 by which in the judgment of reversal, the learned first appellate court has allowed the appeal and set aside the judgment and decree passed by the trial court being the Court of Sub-Judge II, Rajmahal in Title Suit No. 41 of 2001.

3. The case of the plaintiffs in brief is that the plaintiffs are the heirs and successors of Huka Tudu son of Raska Tudu. They also admitted that Poma Tudu is the daughter of recorded tenant-Huka Tudu. The further case of the plaintiff is that Poma Tudu was given in marriage with Sufal Soren in ordinary form of marriage. The daughter of Poma Tudu namely Mongli Soren was also given in marriage in ordinary form of marriage. Out of the two marriages of Mongli Soren, her first marriage was with Singrai Murmu and after his death she married with Bolai Murmu whom she married by way of “Lapang Marriage.” The plaintiff contended that in the last settlement before filing

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