IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No. 154 of 2024

1. Herman Topno, aged about 64 years 2. William Topno, aged about 57 years

3. Christopher Topno, aged about 50 years All sons of Late Johan Topno, resident of Village- Kunjla, P.S.- Murhu, District-Khunti, Jharkhand … … Plaintiffs/Appellants -Versus-

1. Markas Topno S/o Late Premchand Topno, R/o Village- Kunjla, P.O. & P.S.- Murhu, District-Khunti, Jharkhand, At present, Village- Paharsirgira (Christian Para), P.O. & P.S.- Attabira, District- Bargarh, Orissa

2. Phagu Munda S/o Late Etwa Munda, R/o Village- Belahathi, P.O.

& P.S. & District- Khunti, Jharkhand

3. Rabindra Singh Munda S/o Late Dubraj Singh Munda, R/o Village- Remta, P.O. & P.S. & District- Khunti, Jharkhand

4. Laxman Mundu S/o Late Joto Mundu, R/o Village- Baredih, P.O.

& P.S. & District- Khunti, Jharkhand

5. Deputy Commissioner, Khunti, P.O. & P.S. & District- Khunti, Jharkhand … … Defendants/Respondents ---

CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---

For the Appellants : Mr. Manoj Kr. Choubey, Advocate For the Respondents : Mr. Pratik Sen, Advocate ---

15/01.07.2025 This first appeal has been filed against the Judgement and Decree dated 29.04.2024 (Decree sealed and signed on 14.05.2024) passed by the learned Civil Judge (Senior Division)-I, Khunti in Original Suit No. 01/2015 whereby the suit has been partly decreed. The learned trial court ordered as under:-

“that the right, title and interest including possession over the schedule properties to the extent of ½ share only in favour of plaintiffs is declared and decreed. And a preliminary decree for partition/division to allocate the ½ (half) share in the entire purchased and owned land in favour of plaintiffs is hereby also passed. The aforesaid sale deed as per the table A (as per the schedule of the plaint), is valid and lawful. Accordingly, the suit in hand is hereby partly decreed on contest without cost.” 2. The suit was filed for the following reliefs:

(A) On adjudication of the plaintiffs right, title and interest over the suit property fully described in the schedule to the plaint, their title be declared and possession be confirmed and if it is found that the plaintiffs are not in possession over any portion of the suit property, a decree for recovery of possession be passed and plaintiffs be put in Khas recovery of possession thereof after dispossessing the defendants there from.

(B) A decree be passed declaring the sale deed dated

24.09.2014 being Deed No.1216/1188 in favour of Defendants No.2 and 3 and sale deed dated 24.09.2014 being Deed No.1217/1189 in favour of Defendant No.4 and sale deed dated 24.09.2014 being Deed No.1218/1190 in favour of Defendant No.4 and a sale deed dated 24.09.2014 being Deed No.1219/1191 in favour of defendants No.2 and 3 being illegally executed by the Defendant No.1 in favour of the Defendant Nos.2 to 4 with respect to the suit property which has been fully described in the schedule to the plaint as null, void and fraudulent transaction which has not effected the right, title, interest and possession of the plaintiffs.

(C) A decree for permanent injunction be passed against the defendants from causing and disturbance or obstructions in the enjoyment of the suit property either directly by any means or method whatsoever.

(D) The suit be decree with compensatory cost.

(E) Any other relief or reliefs to which the plaintiffs be found entitled also be awarded.

3. CASE OF THE PLAINTIFFS/APPELLANTS A.The case of the plaintiffs is that both plaintiffs and Defendant No.1 are by caste- Munda and governed by the customary law in the matter of inheritance and succession wherein females do not have any interest in the property accept maintenance right. Johan Topno and Premchand Topno, both sons of Bhairo Topno, had purchased the lands at-

a. Plot No. 657, Khata No.45, area 1 acre situated in Village-

Khunti Toli, P.S. Khunti, Revisional Survey Khewat No.4 from Baraik Dripnath Singh vide Deed No.27 dated

11.01.1947 b. Pl