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HIRDESH
Magansingh – Appellant
Versus
Dungarsingh – Respondent
ORDER :
Hirdesh, J.
Appellants/defendants have filed this second appeal being aggrieved by the judgment and decree dated 17-5-2018 passed in regular Civil Appeal No. 7A/2018 by Second Additional District Judge, Alirajpur, whereby the judgment and decree dated 27-1-2017 passed in Civil Suit No. 16-A/2016 by the first Civil Judge, Junior Division, Alirajpur, filed by the respondents for declaration of title and permanent injunction was decreed.
2. The brief facts of the case is that the appellants/defendants filed a civil suit for declaration of title and permanent injunction against the respondents/plaintiffs in respect of agricultural land bearing survey No. 145, raqba 120, survey No. 155, raqba 7.5, survey No. 207, raqba 0.02, survey No. 208, raqba 0.02, survey No. 209, raqba 5.8, survey No. 217, raqba 26.55, total raqba 41.21 hectares new survey No. 2126, 2130, raqba 0.030 hectares, survey No. 2044, raqba 0.910, survey No. 2015, raqba 0.006, survey No. 2048, raqba 0.020 hectare, survey No. 2041, raqba 0.580 hectare, survey No. 1996, raqba 5.700 hectare, total raqba 9.050 hectares (herein after referred to as the suit land recorded in the name of ‘Dhanna’) and Dhanna is the father of
Section 2 (2) of Hindu Succession Act which is Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to members of any Scheduled Tribe within meaning of cla....
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.
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) 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 ....
In a suit for permanent injunction, the plaintiff must establish lawful possession and title, as incidental findings on title are permissible.
The central legal point established in the judgment is the devolution of ancestral property and inheritance rights under the Hindu Succession Act, 1956.
Possession of immovable property cannot be transferred by mere oral gift, and a decree for permanent injunction cannot be granted without clear evidence of legal possession, especially when the state....
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