Advocates:
['JITENDRA S SINGH', '', 'KAUSHAL KISHORE MISHRA', 'SANJAY KUMAR', '', 'RAJIV LOCHAN']

S.A.No.517 of 2004

1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

S.A. No.517 of 2004

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(Against the judgment dated 22.06.2004 passed by learned

Additional District Judge-IV, Jamtara (Fast Track Court), in Title

Appeal No.15 of 2000-2001)

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1. Subu Murmu son of Late Paika Murmu.

2. Wakil Murmu son of Late Rasun Murmu,

Both resident of village Domohari, S.C. Dhasania, P.S. and P.O.

Kundhit, Sub Division & District Jamtara

....

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…. Defendant. Appellant-Appellants.

Versus

1. Garbi Murmu wife of Mohan Soren and daughter of Late Jitan

Murmu.

2. Malti Murmu W/O Bablu Hemrom and D/O Late Jitan Murmu.

3. Mirudi Murmu W/O Nunu Lal Hasda and Daughter of Late Jitan

Murmu.

All resident of village Domahani, S.C. Dhasnia, P.S. and P.O.

Kundhit, Subdivision & District Jamtara.

....

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…. Respondents-respondents- 1st Set.

4. Deputy Commissioner Jamtara, P.O. and P.S. Jamtara, District

Jamtara

....

....

…. Defendant-2nd Set/respondent- 2nd Set

/respondent- 2nd Set.

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For the Appellants

: Mr. Kaushal Kishore Mishra, Advocate

For the Respondents

: Mr. Sanjay Kumar, Advocate

Mr. Rajiv Lochan, Advocate

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P R E S E N T

HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:-

Heard the parties.

S.A.No.517 of 2004

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2.

This Second Appeal filed under section 100 of the Code of Civil

Procedure, 1908 has been preferred against the judgment and decree

dated 22.06.2004 passed by learned Additional District Judge-IV, Jamtara

(Fast Track Court), in Title Appeal No.15 of 2000-2001 whereby and where

under the learned court below has dismissed the appeal.

3.

The brief facts of the case is that the plaintiffs filed a suit for

declaration of their right, title and interest over the suit property and also

for confirmation of their possession over the same or for recovery of

possession through the process of the court. The plaintiffs pleaded that the

plaintiffs and the principal defendants are Santhals and are governed by

their own customary laws. The suit property has been recorded

exclusively in the name of Adan Murmu son of Somai Murmu during the

last survey and settlement before filing of the Title Suit No.38 of 1994/43

of 1998. The recorded defendant- Somai Murmu died leaving behind his

two sons namely Jhulu Murmu and Adan Murmu as his only successors

who jointly succeeded his property. Jhulu Murmu died leaving behind his

only son Paika Murmu who inherited the properties of his father and

upon the death of Paika Murmu, his only son Subu Murmu-the defendant

inherited the property left by his father. Adan Murmu died about 30 years

ago leaving behind his two sons namely Rasus Murmu and Jitan Murmu

who jointly succeeded the properties left by their father. Rasus Murmu

died leaving behind his only son Okil Murmu who succeeded the

properties left by his father and Jitan Murmu died leaving behind his

three daughters namely Garabi Murmu, Malati Murmu and Mirudi

Murmu who are the plaintiff in the suit who jointly inherited the property

left by their deceased father- Jitan Murmu. It is the case of the plaintiffs

that as per the custom, the daughters of a sonless Santhal inherit the

properties and the custom of inheritance is popularly accepted and

recognized by Santhal community and this custom was prevailing prior to

last survey settlement; before filing of the suit. Subsequently, the plaintiffs

and the defendants partitioned their entire properties 18 years prior to

filing the suit and the property fully described in Schedule A and B has

been allotted in the share of the plaintiffs and the plaintiffs have been in

cultivating possession thereof and have one-fourth share over the

S.A.No.517 of 2004

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properties which are exclusively recorded in the name of Somai Murmu

and half share has been recorded in the name of Adan Murmu as Beta

Raiyat. As the principal defendants created some troubles and