RAIMAT MARANDI Vs. MANGAL MURMU

JUDGEMENT

(1.) This is Defendants' second appeal against the judgment of concurrence.

(2.) The Plaintiffs had filed suit, praying relief for declaration of their right, title in the suit land and recovery of possession.

(3.) Plaintiffs' case, briefly stated, is that the parties are governed by Santhal Customary Law. According to the custom prevalent in the community, a Santhal, who has no son can bring his son-in-law to live with his daughter as gharjamai. A gharjamai is treated at par with an adopted son and is entitled to inherit the property of his father-in-law. It has been further stated by the Plaintiff that land of Jamabandi No. 14 of village Tala Sherpur No. 148 under Maheshpur police station, district Pakur, which is the suit land, was recorded in the name of Raghunath Besra in the last survey record of right. Raghunath Besra had no son. He had one daughter, named Dhuni Besra. He had married Dhuni with one Karu Murmu and brought to live him as gharjamai His daughter and son-in-law (Karu Murmu) started living with him after their marriage. After sometime one son, namely, Tunch Besra was born to said Raghunath Besra, Raghunath died, leaving behind his son-Tunch, daughter-Dhuni Besra and Karu Murmu-his gharjamai According to Santhal custom, Tunch Besra and Dhuni Besra along with gharjamai-Karu Murmu jointly inherited the property of Raghunath Besra. Original Plaintiff-Dula Murmu was the son of Karu Murmu. After the death of Dhuni and Karu, the original Plaintiff jointly inherited the property with Tunch Besra and remained in continuous joint possession till the death of Tunch Besra. Tunch Besra had no son and he had all along treated the Plaintiff as his own son. Tunch died leaving behind his second wife Bangi Hembrom. After the death of Tunch Besra, differences cropped up between the Plaintiffs and Bangi Hembrom. However, Bangi Hembrom was all along with the Plaintiffs and she was being maintained out of the usufruct of the suit land. Much after the death of Tunch, the Defendants started laying false claim of inheritance as agnates. The dispute led to a proceeding under Section 144, Code of Criminal Procedure. The said proceeding was, subsequently, converted into a proceeding under Section 145, Code of Criminal Procedure The proceeding under Section 145, Code of Criminal Procedure was decided in favour of the Defendants, declaring their possession and preventing the Plaintiffs from disturbing possession of the Defendants. The Plaintiffs, thereafter, filed Title Suit No. 11 of 1991 in the Court of learned Subordinate Judge-II, Pakur for the relief as aforementioned.