PARSU RAM MAHTO Vs. MOHAN LAL MAHTO

JUDGEMENT

(1.) This appeal has been preferred by the above named plaintiffs-appellants against the judgment and decree dated 23.2.80 and 5.3.80 respectively in Title suit No. 147/14 of 1975/1978 passed by Sri Ram Chandra prasad, the then Additional Subordinate Judge, Ranchi dismissing the plaintiffs' suit.

(2.) The suit was filed by the plaintiffs for declaration of their right, title and interest over the suit lands, details of which were given in the schedule of the plaint and for confirmation of possession or in the alternative for delivery of possession of the same and for any other reliefs, if deemed fit and proper.

(3.) It is admitted that parties are Kurmi Mahto and according to the plaintiffs, they are Kurmabansi Khhatriya cast Hindus governed by the Mitakshara School of Hindu Law. But they are governed in respect of inheritance by the rule of primogeniture. One Mangal Mahato was the predeccesor in interest of both the plaintiffs and the defendant, He being the common ancestor held immovable properties including the suit properties. He left behind two sons, namely, Harihar Mahato and Ram Charan Mahato and as per rule of primogeniture, Harihar Mahato only inherited the properties and Ram Charan Mahato was entitled for maintenance only. The genealogy of the parties may be given as follows: MANGAL MAHATO ------------------------------------------------------------- | | Harihar Ram Charan | | ---------------------------- Mahadeo | | | Madan Panu Mohan Lal | | (Defdt.) ------------------------ | | | | | Ajgut Kamal Nath Tika Ram | | P.3 Most. Futi | | | (P.6) | | | | | | | | | | -------------- | | | | | | | |Sheo Shankar Budhram| -------------------- |(P.9) (P.10) | | | | | Yugal Kishore Narayan | | (P.7) (P.8) --------------- | | | | | | | | Parsu Ram Parmanand | Vishwa Vijay Digambar (P.1) (P.2) | (P.11) (P.12) | ----------------------- | | Anand Gaur (P.4) (P.5)