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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Balia Majhi – Appellant
Versus
Chando Majhi – Respondent
JUDGMENT :
PRADEEP KUMAR SRIVASTAVA, J.
1. Heard the arguments of learned counsel for the appellants and learned counsel for the respondents.
2. The instant second civil appeal is preferred being aggrieved and dissatisfied with the judgment and decree dated 23.12.2002 (decree signed on 06.01.2003) passed by learned First Additional District Judge, Seraikella, Kharsawan in Title Appeal No.7 of 1996, whereby and whereunder the judgment and decree passed by Sub-ordinate Judge-II, Saraikella in Title Suit No.04 of 1991 has been upheld and confirmed and the appeal preferred by the appellants/defendants is dismissed on contest with cost.
3. The plaintiffs/respondents have instituted the Title Suit No.04 of 1991 for a decree of declaration of their right, title and interest and confirmation of possession over the suit Schedule ‘A’ land. Further, declaration that the order passed by Anchal Adhikari of Rajnagar Anchal in Mutation Case No.228 of 1988-89 dated 19/20th March, 1989 and the order passed by learned Additional Deputy Commissioner, Singhbhum under Mutation Revision Case No.37/89-90 is bad in law which do not confer any title and possession to the defendants over the suit land. In alter
The court affirmed that, under Santhal customary law, inheritance rights apply equally to all sons born from different wives, prioritizing nearest agnates over distant kindred in property claims.
The burden of proof for establishing a custom rests on the party asserting it, and clear and unambiguous evidence is required to prove the custom. The court emphasized the need for continuity, certai....
(1) Revenue records are not documents of title, but they are evidence of possession. (2) Succession—Customs are not fossilized structures, nor are they etched on stone but are living organism rooted ....
Custom – Custom evolves by conduct – Customs too, like law, cannot remain stuck in time and others cannot be allowed to take refuge in customs or hide behind them to deprive others of their right.
(1) Among Santals, succession law is Hindu Law and not Customary Law.(2) Suit for declaration of title and recovery of possession cannot be maintained in respect to joint and undivided property witho....
A Devadasi, under customary law, is entitled to inherit property as if she were a son, validating the plaintiff's claim for half share in estate.
Co-owners of property cannot seek exclusive title or recovery of possession without partitioning the property, reaffirming shared ownership under Hindu law.
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