CHOTRAI MANJHI Vs. RUPI MANJHIAN

JUDGEMENT

(1.) This First Appeal at the instance of the plaintiffs arise out of a judgment and decree dated 31-8-1981 passed by Shri Madan Mohan Verma, Subordinate Judge, Chaibasa in Title Suit No. 230 of 1980 whereby and whereunder the said learned court dismissed the plaintiffs appellants suit.

(2.) Admittedly, one Dalphat Manjhi was the original owner in respect of the properties in suit. He died leaving behind four sons namely (1) Palu Manjhi (2) Sangrarm Manjhi (3) Chotrai Manjhi and (4) Jitrai Manjhi. The plaintiffs No. 3 is the decendants of Palu Manjhi whereas the plaintiffs No. 2, 4 and 5 are the decendanta of Sangram Manjhi and plaintiff No. 1 is the decendants of Chotrai Manjhi.

(3.) It is not the case of the plaintiffs that after the death of Palu Manjhi, the aforementioned parties remained joint. In fact, it appears from the pleadings of the parlies that they separated from Jitrai Manjhi who died leaving behind his son Hari Manjhi. Hari Manjhi died prior to the Survey, Settlement Operation and the suit Khata being Khata No. 75 of village Balrampur was recorded in the name of Rupi Manjhian widow of Hari Manjhi.