JOWKIM Vs. JUNUS

JUDGEMENT

(1.) THE instant second appeal is against the judgment and decree dated 04.10.1997 passed by the Additional District Judge, Jashpur Nagar in Civil Appeal NO.40 -A/1994 whereby the judgment and decree dated 16.03.1994 passed in Civil Suit No.116 -A/1992 (Polus, Julius and others Vs. Sahrai and others) by the Civil Judge, Class -I, Jashpumagar was affirmed. The appeal is by the plaintiffs who lost in both the courts below.

(2.) BRIEF facts of the case are that a suit was filed by Polus and Julius both sons of Benjamin stating that the lands described in schedule of plaint be declared a joint property and also possession was claimed for. The suit was filed against Sohrai and Jakarius. All the plaintiffs and defendants happen to be real brothers. The suit was filed by two of the brothers i.e., Polus and Julius claiming that the property described in Schedule A of the plaint i.e., the land bearing two Khasra numbers 65 and 96 admeasuring 14.21 acres situated at village Khandora be declared as property of joint family members and the possession thereof be handed over as they are in possession. It was the case of the plaintiffs that the lands were settled in the name of father of the plaintiffs and defendants i.e., Benjamin in the year 1944 -1945. Subsequently, Benjamin died in the year 1947. Thereafter, after death of his father Benjamin the property devolved on all the sons i.e., plaintiffs and defendants. It was stated that the name of Sohrai, one of the sons, though was recorded but the land was being jointly cultivated by all the plaintiffs and defendants. It was further case that when a dispute arose in the year 1989 and Sohrai objected to the cultivation; a suit was filed.

(3.) THE learned trial Court after evaluating the evidence dismissed the suit which was subject of appeal and the appellate court too dismissed the appeal.