JIWAN KOLE Vs. JHUPAR KOLE & ORS.

JUDGEMENT

(1.) This second appeal is by the defendant-appellant, against the judgment and decree passed by learned District Judge, Deoghar in Title Appeal No. 47 of 2003 reversing the judgment and decree of learned Sub-Judge-VI, Deoghar rendered in Title Suit No. 442 of 1997.

(2.) The plaintiff-respondent had filed the said Title Suit praying for a decree declaring that defendants No. 1 and 2 never adopted defendant No. 5 as their son and the registered deed of adoption No. 113 dated 20.8.1997 was illegal and liable to be cancelled.

(3.) The plaintiff's case, in brief, was that Niro Manjhi, Bihari Manjhi and Paltu Manjhi were three brothers. In the last survey settlement Ravi Manjhi son of Niro Manjhi, Bihari Manjhi and Paltu Manjhi were recorded as tenants in respect of the family land. Plaintiff No. 1 Jhupar Kole is the only son of Ravi Manjhi. Paltu Manjhi died leaving behind his son Gobardhan Kole (defendant No. 1) and the daughter Bhagia Devi. Gobardhan Kole-original tenant died during the trial, issue- less, leaving behind his widow Kusmi Devi. The plaintiff and the defendants, being the Koles, are members of Scheduled Tribe. They are governed by their own tribal custom and culture. They do not follow the Hindu religion, rather they worship 'Burha' and 'Burhi'. Their festivals are 'Bandhna' and 'Aghni Puja'. Defendants second set Jiwan Kole and Jasomati Devi fraudulently obtained deed of adoption dated 20.8.1997 with the false recital that Gobardhan Kole and Kusmi Devi are Hindus and they have adopted Kapildeo Kole son of Jiwan Kole. There was no such adoption by Gobardhan Kole and Kusmi Devi. There was never any performance of ritual of giving and taking, as required for adoption in Hindu Law. Defendant No. 5 Kapildeo Kole was never adopted by them as their son. The deed of adoption is fabricated but the same has cast a cloud over the right and title of the family property of the plaintiff and the same is illegal, void and inoperative.