The court upheld the principle of res judicata, affirming that the appellant's claims regarding adoption and property rights were previously adjudicated and lacked sufficient evidence.

JUDGMENT :

Heard Mr. Shobhakar Mishra, learned counsel for the appellant.

2. This second appeal has been preferred being dissatisfied with the judgment and decree dated 06.08.2024 and 21.08.2024 respectively passed by the learned Principal District Judge, Simdega in Civil Appeal No.15 of 2019, whereby, he has been pleased to affirm the judgment and decree dated 30.11.2018 and 12.12.2018 respectively passed by the learned Sub-Judge, Ist, Simdega passed in Original Suit No.07 of 2017.

3. Learned counsel for the appellant submits that the said title suit was instituted by the appellant for right, title and interest, which was dismissed vide judgment dated 30.11.2018, against which, Civil Appeal No.15 of 2019 was preferred and the said civil appeal was further dismissed vide judgment dated 06.08.2024. He further submits that both the learned courts have wrongly decided the issue of res judicata against the appellant herein and in view of that, there is law point involved in the present second appeal and, as such, this second appeal may kindly be admitted on such law points.

4. It transpires from the judgment of the learned trial court as well as the first appellate court that the case of the appellant/plaintiff before the learned courts was that the parties are by caste Chick Baraik, member of Schedule Tribe governed by customary law in the matter of inheritance, Succession, partition, adoption etc. The suit land is situated in village Gotra, P.S.+ District- Simdega under Khata No. 34 total Plot 39 area 17.40 acres of land and suit land situated in village Konmenjra P.S. T. Tangar, District Simdega under Khewat No.10 Khata No.241, Plot No. 2886/2861/3556 and 2817 total area 4.55 acres and both the suit lands originally recorded in the name of Ghumru Chick and Bhullu Chick both sons of late Ahlad Chick in Revisional Survey record of right as Kaimi raiyati land particularly described in Schedule-A and B of the plaint. The further case of the appellant/plaintiff was that the suit land situated in village Gotra, P.S. Simdega District Simdega bearing Khata No. 226, Plot No. 3427,3428,3533 total area 1.10 acres is the self-acquired property of Bhullu Chick and the sons of Bhullu Chick sold two plots out of the above three plots total area 1.03 acres bearing Plot No. 3427 measuring area 0.56 acres and plot No. 3428 measuring area 0.47 acres and now only 0.07 acres of plot No. 3533 remains in Khata No. 226 more fully described in Schedule-C. The further case of the appellant/plaintiff was that the recorded tenant namely Ghumru Chick and Bhullu Chick during their life time they held, possessed, peacefully cultivated and enjoyed the suit property described in Schedule-A as the rightful owner and thereafter Ghumru Chick died issueless, then entire share of Ghumru Chick automatically got devolved on Bhullu Chick who thereafter Bhullu Chick came in exclusive possession of the entire property of the Schedule-A,B and C and thereafter Bhullu Chick Baraik died leaving behind his three sons namely Chhedi Chick, Gaura Bhagat and Gauri Bhagat. After death of their father Bhullu Chick they came in exclusive possession of the land in question. Chhedi Chick son of Bhullu Chik had no issue as such after approval of lawful consent from the family members Chhedi Chick and his wife decided to adopt a son and in this regard a village Panchayati was held in the village in presence of Mukhiya and other members of the village Gotra and in presence of Panchayati Chhedi Chick and his wife adopted the plaintiff as their legal son which was also duly consented by the plaintiff as biological father and mother. All rites, rituals, and custom of adoption were performed by Chhedi Chik and his wife Bhudan Baraik in the year 1954 and after that adopted plaintiff become part and partial of adoptive father and acquires legal status of son for the purpose of inheritance and successor and also used to cultivate the land of Chhedi Chick and was in peaceful possession over the sam