SHYAMLAL GUNDUA Vs. GOLA GUNDUA

JUDGEMENT

(1.) THE defendants are appellants in this second appeal. THEy have challenged the impugned judgment and decree passed by learned 1st Additional District Judge, Chaibasa in Title Appeal No. 18 of 2004. By the said judgment and decree, learned Lower Appellate Court has set aside the judgment and decree of the learned Trial Court and decreed the suit.

(2.) THE plaintiffs had filed title suit, being T. S. No. 13 of 2000, praying relief for declaration of right, title and interest. Plaintiffs' case was that the plaintiffs and one Sumi Kui are descendants of one common ancestor- Sado Ho, who died leaving behind Baragola Ho and Joteya Ho. THE plaintiffs are descendants of Baragola Ho, whereas Joteya Ho had only one daughter-Sumi Kui. Sumi Kui died unmarried. When Sumi Kui was alive, she was in possession of the land of her father- Joteya Ho. Her name was also recorded as raiyat in respect of the suit land along with the sons of Baragola Ho. After the death of Sumi Kui, the plaintiffs, being the nearest agnates, inherited the said property according to their custom. THE defendants, who are stranger, started making false claim over the suit land after the death of Sumi Kui, which gave rise to the cause of action for the suit.

(3.) AGGRIEVED by the judgment and decree of the learned Trial Court, the plaintiffs/respondents filed appeal in the Court of learned District Judge, Chaibasa, being Title Appeal No. 18 of 2004. The said appeal was finally heard and decided by the 1st Additional District Judge, Chaibasa. Learned Lower Appellate Court thoroughly appraised the evidences of the parties and came to the finding that in the record of right-Ext. 1, the names of the plaintiffs are recorded with Sumi Kui and their possessions are also recorded. The plaintiffs' witnesses, particularly, P.Ws. 2, 3 and 4, belong to the same KILLI (same family line) and they have supported the claim of the plaintiffs and have proved the genealogy given by the plaintiffs, whereas the defendants have brought witnesses, who, except D.W. 5, are of different villages and D.W.5 is also not of same KILLI.