ARJUN SOREN Vs. NEGI SANTHALIN

JUDGEMENT

(1.) This First Appeal at the instance of the defendants appellants arises out of a judgment and decree dated 27-2-1975 passed by Shri R B P. Sinha, Subordinate Judge Jamshedpur in Title (Partition) Suit No. 26 of 1972 whereby and whereunder the said learned court decreed the plaintiff respondent's suit inter alia declaring her l/3rd share in the suit lands.

(2.) The plaintiff-respondent filed the aformentioned suit alleging inter alia therein that one Kuar Santhal was the common ancestor of the parties, who died leaving behind his four sons namely, Pachia, Dubai, Sagram and Barjo, Dubai died leaving behind a son Arjun Soren who is defendant No. 1 Barjo also died leaving behind three sons who are defendant Nos. 2 to 4. Sagram also died leaving behind his three sons namely Doman, Taria and Hiralal but they all pre-deceased Pachia without leaving any issue whatsoever. According to the plaintiff, after the death of Kuar Santhal and his three sons, the plaintiffs father Pachia and his two surviving brothers became the sole owner in respect of the properties in suit and upon the death of Pachia, the plaintiff being her only heir succeeded to the interest of his father.

(3.) The defendants filed a joint written statement alleging inter alia therein that there had been a previous partition in respect of the suit lands during the life time of Pachia wherein some plots were allotted to him. After allotment of the lauds in the share of Pachia, he transferred some lands to the plaintiff and the same are being cultivated by her and her husband and as such olaintiff has no share in the suit lands. It was further asserted that the parties being aboriginals, are governed by their customary law in the matter of succession and inheritance. The defendants further asserted that m any event the plaintiffs having been ousted from the suit lands, the suit is barred by limitation.