IN THE HIGH COURT OF JHARKHAND AT RANCHI Second Appeal No. 17 of 1997(R)

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[Against the Judgment and decree dated 11.12.1996 (decree signed on 03.01.1997) passed by learned Additional District Judge, Palamau, Daltonganj in Title Appeal No.13 of 1990]

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1(b)(i) Anita Devi Widow of Late Ishwari Prasad

1(b)(ii) Manish Kumar S/o Late Ishwari Prasad 1(b)(iii) Piyush Kumar S/o Late Ishwari Prasad All residents of Village, P.O. & P.S.-Kandi, District Garhwa

1(c) Binay Prasad S/o Late Narain Sahu R/o Village – Kandi, P.O.-Kandi, P.S. Manjhiaon District - Palamau

1(d)(i) Shiv Prasad Sahu S/o Late Balkeshwar Sahu, husband of Kamla Devi

1(d)(ii) Shyam Kumar S/o Shiv Prasad Sahu

1(d)(iii) Priyanka Kumari D/o Shiv Prasad Sahu

1(d)(i) to 1(d)(iii) are R/o Village & P.O. – Matlaung, P.S.-

Manika, District Latehar.

1(e) Anita Devi D/o Late Narain Sahu, W/o Gupteshwar Prasad R/o Village – Charatia, P.S.-Charatia, P.O.-Ghuratia, District-Palamau … Plaintiffs/Appellants Versus

1(b) Mahangu Ram S/o Late Bilash Paswan

1(c)(i) Radhika Devi Widow of Late Surajdeo Ram

1(c)(ii) Dharmendra Ram S/o Late Surajdeo Ram

1(c)(iii) Gudan Ram S/o Late Surajdeo Ram

1(c)(iv) Ajay Ram S/o Late Surajdeo Ram 1(c)(v) Suraj Ram S/o Late Surajdeo Ram S.No.1(c)(i) to 1(c)(v) are resident of Village & P.O. Kandi, P.S.

Manjhiaon, District Palamau now Garhwa

2(a) Most. Anarkali W/o Late Kailash Paswan

2(b) Asharfi Ram S/o Late Kailash Paswan 2(c) Suresh Ram S/o Late Kailash Paswan

2(d)(i) Rita Devi widow of Late Rameshwar Ram

2(d)(ii) Soni Kumari (Minor) D/o Late Rameshwar Ram, represented through her mother and natural guardian Most. Rita Devi

2(d)(i) and 2(d)(ii) are resident of Village- Kandi, P.O.-

Manjhiaon, District – Palamau now Garhwa

2(e) Phulmatiya Devi W/o Anil Ram, D/o Late Kailash Paswan R/o Village, P.O. & P.S. Kandi, Distt. Garhwa

3(a) Surji Devi Widow of Late Ramdas Paswan 3(b) Umesh Paswan S/o Late Ramdas Paswan

3(a) and 3(b) are resident of Village & P.O. Kandi, P.S.

Manjhion, District Garhwa

3(c) Etwaria Devi W/o Sudarshan Ram D/o Late Ramdas Paswan

3(d) Sunaina Devi W/o Prabhu Ram, D/o Late Ramdas Paswan

3(c) and 3(d) are resident of Village Amhi, P.O. & P.S. Japla Distt. Palamau

3(e) Muraina Devi W/o Bujhwan Ram, D/o Late Ramdas Paswan resident of Village Loka, P.O. Badiha, P.S. Manjhion, Distt.

Garhwa

3(f) Sumatia Devi W/o Bijay Paswan D/o Late Ramdas Paswan, R/o Village Gudur P.O. Hariharpur P.S. Bhawnathpur, Distt.

Garhwa

3(g) Rita Devi D/o Late Ramdas Paswan R/o Village Lamari P.O.

& P.S. Manjhion Distt. Garhwa … Defendants/Respondents ……

For the Appellants : Mr. Manjul Prasad, Sr. Advocate Mr. Aukhouri Prakhar Sinha, Advocate Mr. Aman Kedia, Advocate For the Respondents : Mr. Kundan Kumar Ambastha, Advocate Mr. Shiv Prasad, Advocate Mr. Arvind Prakash Malakar, Advocate Md. Abdul Wahab, Advocate Mr. Sushil Kumar Verma, Advocate ……

P R E S E N T HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ……

JUDGMENT

C.A.V. on 15.07.2025 Pronounced on 07.08.2025

1. I have already heard the arguments advanced by Mr. Manjul Prasad, learned senior counsel for the appellants as well as Mr. Kundan Kumar Ambastha, learned counsel appearing for the respondents.

2. Instant second appeal has been preferred against the judgment and decree dated 11.12.1996 (decree signed on 03.01.1997) passed by learned 4th Additional District Judge, Palamau at Daltonganj in Title Appeal No.13 of 1990 confirming the judgment and decree dated 30.03.1990 (decree signed on 16.04.1990) passed by learned Munsiff, Civil Judge, Junior Division, Garhwa in Title Suit No.32 of 1987.

3. Factual matrix giving rise to this appeal is that the plaintiff/appellants instituted the suit stating inter alia that as per Sonpura Raj comprising several villages including Village Kandi, was under the management of Ward and Encumbered Estate, Palamau and it was released when the last proprietor Raja Narendra Nath Sahi attained majority. It is further alleged that in the year 2023, there was abnormal flood in river Sone and entire Village Sonpura merged in t