NANKU Vs. BHEEKHU RAM

JUDGEMENT

(1.) This second appeal preferred by the plaintiffs has been admitted for final hearing on 25-8-2020 by formulating the following substantial questions of law: -

(2.) Following family tree would demonstrate relationship among parties: -

(3.) The suit property was held by Korcha Uraon, he had son Noyo and daughter Bandhni. Noyo died issue-less leaving his wife Thoyali, whereas Bandhni had one son Bheekhu who is defendant No.1. After death of Noyo, Thoyali during her lifetime was said to have married Nanku who is plaintiff No.1 before the trial Court. The plaintiffs filed suit that they are title holders of the property shown in Schedule A of the plaint for declaration of title, possession, permanent injunction and mesne profit. In the said suit, defendant No.1 also made counter-claim for the properties shown in Schedules A and B also. The trial Court decreed the suit of the plaintiffs in toto with regard to the property and declared the plaintiffs as title holders of the scheduled properties shown in Schedules A and B. On appeal being preferred by defendant No.1, the first appellate Court partly allowed the appeal and held that the property shown in Schedule A will be held by Bhikhu defendant No.1, as he will succeed the property of Thoyali, first wife of Noyo and Nanku would not succeed the property of Noyo against which the plaintiffs have preferred this second appeal in which substantial questions of law have been framed which have been set-out in the opening paragraph of this judgment.