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S.A. 125 of 1992

IN THE HIGH COURT OF JHARKHAND AT RANCHI

S.A. No. 125 of 1992

(Against the judgment and decree dated 29.09.1992 passed by the

learned 2^nd Additional District Judge, Jamshedpur in Title Appeal no.

19 of 1987 )

1. (Deleted)

2. Anem Danial Kandir

3. Markus Kandir

4. (i) Sahil Johnson Kandir

4. (ii) Salil Kandir,

Both 4(i) and 4(ii) are sons of Late Emanul Kandir, R/o Road No. 6,

Jawahar Nagar, Azadnagar, P.O. & P.S.- Azadnagar, Dist.- East

Singhbhum

Sl. No. 2 and 3 are sons and legal heirs of Late Manmasi Kandir, by

faith Christian (Munda by caste) Residents of village – Dimnia, P.S.-

Tamar, District- Ranchi at present residing at Mango, Tola- Gitilpi, P.S.-

Mango, District- Singhbum

…...Plaintiffs/ Appellants/Appellants

Versus

Tubias Kandir, son of Late Narcus Kandir, by faith Christian (Manda),

resident of Dimnia, P.S.- Tamar, District- Ranchi at present residing at

Mango, Tola- Gitilpi, P.S.- Mango, District- Singhbum

…..Defendant/Respondent/ Respondent

For the Appellants

: Mr. Manjul Prasad, Sr. Adv.

Mr.Abhay Shankar, Adv.

Mr. Baban Prasad, Adv.

For the Respondent

: Mr. Binod Kr. Jha, Adv.

Mr. Amar Kr. Sinha, Adv.

Mr. K. K. Ambastha, Adv.

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:-

Heard the parties.

2. This Second Appeal under Section 100 of the Code of Civil

Procedure is preferred against the judgment and decree

dated 29.09.1992 passed by the learned 2^nd Additional

District Judge, Jamshedpur in Title Appeal no. 19 of 1987

by which, learned First Appellate Court in a judgment of

concurrence has dismissed the appeal filed by the

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S.A. 125 of 1992

appellants.

3. The case of the plaintiff in brief is that the plaintiff and the

defendant no. 1 are the sons of late Markas Kandir and they

belonged to Munda caste. The plaintiff, defendant no. 1 and

their eldest brother-Nicodim Kandir have inherited the

properties of their father. The brother of the plaintiff namely

Nicodim Kandir is in-charge of family properties and he is

doing cultivation and all the properties are enjoyed by the

sons of Markas Kandir, having joint interest and common

possession. It is further case of the plaintiff that during the

life time of his father, the plaintiff shifted to Jamshedpur, in

the year 1941 and was doing his petty business of vegetables

and agricultural produces. The plaintiff further pleaded that

in the year 1944, the plaintiff got employment under the

Indian Cable Company Ltd. The defendant no. 1 is the

youngest of all the brothers and the plaintiff brought him to

Jamshedpur in the year 1949 while he was aged about 12

years and got him admitted in a school at Jamshedpur and

later on, at Ranchi. The plaintiff arranged an employment for

the defendant no. 1 under Indian Tube Company on

15.09.1959, by his approaches and efforts. In the year 1941,

the plaintiff purchased 2 Bighas, 10 Kathas of Dihibari land.

Further the plaintiff purchased 10 Khatas of land by oral sale

for Hriday Bhuiya and came in possession of the said land

exclusively. The plaintiff saved money and in the year 1956

purchased 5 kathas of land for homestead purpose by

registered sale deed no. 4715 dated 30.01.1956 from Samu

Gour and got possession of the said land. The plaintiff then

pleaded that the year 1960, Kali Charan Bhuiya and Khoku

Bhuiya, son of late Hriday Bhuiya, created trouble for the

plaintiff in enjoyment of the aforesaid land and the plaintiff

filed one Title Suit No. 336 of 1960 in the court of Munsif,

Jamshedpur for declaration of title and recovery of

possession with respect to 10 kathas of land. At the

intervention of well-wishers of the plaintiff and sons of

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S.A. 125 of 1992

Hriday Bhuiya, the said case was co