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NARENDRA KUMAR VYAS
Laldhar – Appellant
Versus
Somari (Deleted) – Respondent
JUDGMENT (CAV)
Heard on admission.
2. This is plaintiff’s Second Appeal under Section 100 of the C.P.C. challenging the judgment and decree dated 19.12.2013 passed by the learned Additional District Judge, Kunkuri District - Jashpur in Civil Appeal No. 2/2009, by which learned Additional District Judge has dismissed the appeal and affirmed the judgment and decree dated 20.02.2009 passed by the Civil Judge Class-2, Kunkuri, District - Jashpur in Civil Suit No. 9-A/2008.
3. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 9-A/2008 before the trial Court.
4. The plaint averments, in brief, are that plaintiff filed a civil suit before the Civil Judge, Class II, Kunkuri on 27.08.2004 for declaration of title and confirmation of possession over the land bearing Khasra No. 18 Area 8738 Ha situated at P.H. No.19, Village - Jhargaon, Tahsil - Kunkuri, District - Jashpur (hereinafter referred to as ‘the suit property’) mainly contending that :-
A. The plaintiff and the defendants are permanent residents of the village Jhargaon and by caste they are Gond which comes under the Scheduled Tribe category. They are governed by their local cu
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.
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....
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....
Customary law governs inheritance rights, emphasizing the necessity of proving adoption and community customs for legal validation.
(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 ....
The Hindu Succession Act does not apply to aboriginal tribes; inheritance follows customary law unless proven otherwise, emphasizing the principle of justice, equity, and good conscience.
(1) Dissolution of marriage – Customary divorce is an exception to general law and can be accepted only with utmost care, caution, and reliable evidence – If a right is claimed based on a custom, it ....
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