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A. C. BEHERA
Appeared in this case by Hybrid Arrangement (Virtual/Physical Mode) Janaki Majhi (dead) – Appellant
Versus
Nangi Majhiani (dead) – Respondent
JUDGMENT
A.C. Behera, J.—This second appeal has been preferred against the reversing judgment.
2. The original appellant in this second appeal i.e. Janaki Majhi was the sole defendant before the Trial Court in the suit vide T.S. No.29 of 1988 and respondent before the First Appellate Court in the First Appeal vide T.A. No.19 of 1992.
When, during the pendency of this second appeal, the original appellant Janaki Majhi expired, then his LRs have been substituted as appellant Nos.1(a) to 1(c) in his place.
The respondent Nangi Majhiani along with her sister Lakshmi Majhiani were the plaintiffs before the Trial Court in the suit vide T.S. No.29 of 1988.
When, during the pendency of the suit vide T.S. No.29 of 1988, the Lakshmi Majhiani (plaintiff No.1) expired leaving behind plaintiff No.2 (Nangi Majhiani) as her successor, then the plaintiff No.2 Nangi Majhiani alone prosecuted the suit against the defendant before the Trial Court.
That plaintiff No.2 Nangi Majhiani was the appellant before the First Appellate Court in the First Appeal vide T.A. No.19 of 1992.
When, during the pendency of the second appeal, the respondent Nangi Majhiani expired, then in her place, Dakhina Hansda has be
(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....
Co-owners of property cannot seek exclusive title or recovery of possession without partitioning the property, reaffirming shared ownership under Hindu law.
The plaintiff was recognized as the adopted son of Parau Majhi, but the suit for exclusive ownership was dismissed due to established co-ownership.
The court reaffirmed the principle that rightful ownership and possession of ancestral property can be determined based on historical records and applicable customary laws, which may exclude female h....
The plaintiff, as the daughter of Bhagmat, retains her inheritance rights over property despite her mother's remarriage, confirming the applicability of old Hindu law over Scheduled Tribes.
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
Prior partition remains valid unless cogent evidence of reunion is established; absent such evidence, the ownership claims of plaintiffs over disputed properties are affirmed.
The court ruled that property devolved exclusively to the male heir after the mother's death before the Hindu Succession Act, invalidating claims of the female heir based on pre-Act rights.
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