HARAKHANTH OHDAR Vs. GANPAT RAI

JUDGEMENT

(1.) This is an appeal by the plaintiffs against the decree of the learned Subordinate Judge of Ranchi dated 20 June 1936, by which he dismissed the suit brought by the appellants for a declaration of their title in respect of 14 annas and 2f pies share in village Buti and also for a declaration that the sale in execution of a certain mortgage decree obtained by Ganpafe Rai, defendant 1, has not affected the plaintiffs title. The principal question for decision is the effect and construction of the jagir patta granted by the Maharaja of Chota Nagpur on 23 October 1906 in favour of the appellants.

(2.) The facts of the case are somewhat complicated but may be summarized so far as they are relevant for the purpose of deciding the controversy between the parties. It is common ground that some time before 1839 the family of the plaintiffs, whose remote ancestor was one Deo Mahto, was in possession of village Buti and some other villages belonging to the Maharaja of Chota Nagpur (the exact nature of the right under which the family held these villages is a matter of serious controversy between the parties and will be considered later). The, genealogical table printed at p. 32 is accepted by the parties as correct. The family of the plaintiffs belongs to an aboriginal tribe in Chota Nagpur and, in the absence of other evidence and circumstances is ordinarily governed by the rules and customs appertaining to their tribe--they are Kurmi Ohdars. The meagre evidence on the record indicates that they are Hindus, but the learned advocate appearing for the respondents vehemently protested against the drawing of any such inference.

(3.) As I shall show later, it may be assumed for the purpose of this case that the family, is not governed by any school of Hindu law. The table shows that Deo Mahto had two sons, Udairam and Sit air am; the former had two sons Ratan Mahto and Lumba Mahto. Ratan Mahto was the father of Ghanu, Pirit and Dhanu. Ghanu's branch consisted of his sons Premnath, Lalit and Nandram. Premnath's grandson was Gourinath, the father of Surajnath, Jaleswar and Biseswar. Surajnath was the eldest of the three sons of Gourinath and died leaving three sons Bhuneswar, Harakhnath and Puninath.