NUNU YADAV Vs. SAMRI

JUDGEMENT

(1.) TEJO Yadav of village Tilaiya, district Hazaribngh (now Koder -ma) left behind two sons. Barhan Yadav and Bijul Yadav. In R.S. Khatian hinds of Khata No. 760 of village Tilaiya stood recorded in the names of aforesaid two brothers.

(2.) NUNU Yadav son of Barhan Yadav filed Title Suit No. 78 of 1980 against his uncle Bijul Yadav for declaration of title over 1,39 aeres land of aforesaid Khata No. 760, detailed in Schedule A to the plaint. Subsequently Jamuni Devi, who was daughter of defendant No. 1 and was married with Badri Yadav was also added as defendant No. 2 in the suit.

(3.) DEFENDANT No. 1 filed written statement stating, inter alia, that he was separate from his brother Barhan Yadav. He was living in his Nanihal at village Tilaiya, whereas Barhan Yadav was living at village Laheria with his father. Story of Sikmi Dar -raiyati settlement was false, incorrect and concocted. There was no local uses and custom whereby Sikmi Dar -raiyati settlement was recognised and sanctioned in the locality. According to the defendant, originally the suit lands belonged to Latu Yadav, who died leaving behind a daughter, Phulia Devi. who inherited his properties. She was married with Tejo Yadav. After her death, her two sons Barhan Yadav and Bijul Yadav inherited those properties,