JABIR SINGH Vs. DHANKUAR

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dtd. 2/1/2002 passed by the District Judge, Ambikapur, District Surguja in Civil Appeal No.133-A/1999, by which, the learned Lower Appellate Court has affirmed the judgment and decree of the learned Trial Court on 10/8/1989 in Civil Suit No.45-A/84 dismissing the plaintiffs' suit.

(2.) This appeal was admitted on following substantial question of law :

(3.) The Appellant/plaintiff filed a suit seeking declaration of title and possession of the property in dispute as described Schedule-B on the pleadings inter alia that the property was originally settled in favour of Vijay Singh and Mahipat Singh. The appellant was adopted as son by Mahipat Singh. Mahipat Singh had only two daughters namely: Dhankunwar and Indrakunwar and no son. Further pleading was that Vijay Singh was survived by his son Nathu Singh, who died leaving behind his wife widow Pawankunwar and daughter Nanbaiya. According to the plaintiff, the parties belong to "Kanwar 1/4daoj1/2" tribe and in that tribe community, the provision of Hindu Succession Act, 1956 are not applicable but their own customary laws of succession under which daughters are not entitled to any share in the property of their father. Further, pleading was that later on, Pawankunwar had gifted the disputed property shown in Schedule-B by way of registered gift deed dtd. 7/5/1965 in favour of plaintiff Jabir Singh and defendant Mahaveer Singh (father of defendant No. 6 and husband of defendant No. 7). It was further pleaded that Mahaveer Singh relinquished his share in favour of Jabir Singh, the plaintiff. On such pleadings, the plaintiff claimed that as daughters of Mahipat Singh and Nathu singh were not entitled to succeed to the ancestral property under the Customary Law of succession applicable to "Kanwar 1/4daoj1/2" tribe community and as the plaintiff was taken in adoption by Mahipat Singh as his son and further Pawankunwar having executed gift deed in favour of Jabir Singh and Mahaveer Singh relinquished his share, the plaintiff acquired valid title in respect of 13.44 acres of land.