DEBLA HANSDA, KHARA HANSDA Vs. SARDAR MURMU

JUDGEMENT

(1.) By Court: This second appeal is against the judgment and decree of the 1st Additional District Judge, Dumka passed in Title Appeal no. 22 of 1976/15 of 1980, whereby the learned Lower Appellate Court has set aside the judgment and decree of the learned 2nd Additional Subordinate Judge, Dumka passed in Title Suit no.66/11 of 1970/1973. The plaintiffs are appellants in this appeal.

(2.) The plaintiffs had filed Title Suit no,66 of 1970 in the court of Subordinate Judge, Dumka, praying relief for declaration of their title and confirmation of possession (alternatively for recovery of possession) over the suit property described in Schedule-A of the plaint. The suit property appertains to Jamabandi no.5 of village Bara Godro, P.S. Ramgarh, District Dumka (Santhal Pargana).

(3.) Brief facts germane to this appeal is that the suit property was recorded in the name of Dasmat Hembrom in the last survey and settlement record along with his brothers, namely, Sitaram Hembrom and Sakula Hembrom, Brothers of Dasmat Hembrom died issueless and their interest devolved on Dasmat Hembrom. Dasmat had two sons, Lakhan and Bisu. Lakhan predeceased Dasmat. Dasmat Hembrom had also three daughters, namely, Lakhia, Dubni and Duli Hembrom (plaintiff). Dubni died during the pendency of the suit. She was substituted by her son Manjhi Baskey. Bisu Hembrom had two sons-Dasmat and Som and one daughter-Salma. Dasmat and Som had died during the life time of their father-Bisu Hembrom. Salma married with Sardar Murmu (Defendant) in ordinary form of marriage during the life time of two sons of Bisu Hembrom. She was the eldest daughter of Bisu. A few years after the marriage of Salma, two sons of Bisu died unmarried one after the other during the lifetime of Bisu and grand father Dasmat. Plaintiff no.3-Duli Hembrom used to live with her father- Dasmat. There was an arrangement during the lifetime of Dasmat on 12th November, 1946 in presence of the villagers and the Pradhan. In the family arrangement, Dasmat allotted half of the suit land to Bisu and the other half to Plaintiff no.3. The said arrangement was with the understanding that so long Dasmat is alive he would live with his daughter-Duli. Half of the land of J.B. no.5 was allotted to her. Salma Hembrom died in the house of the husband Sardar Murmu in Kauadhab, which is at a distance of one mile from the village Bara Gudro. There was no issue out of the wedlock of Sardar Murmu and Salma, Bisu also died issueless subsequently. His widow left her husband's home and remarried in village Rajbandh. The land, which was allotted to Bisu Hembrom by family arrangement, reverted to his father-Dasmat after the death of Bisu. Dasmat died living behind his three daughters (plaintiffs) as legal heirs, The plaintiffs inherited the suit land according to Santhal Customary Law of inheritance prevalent in their locality. They also performed last right of their father. After the death of their father, the plaintiffs have been paying rent of the suit land. They are residing in the house of their father. The name of the Plaintiff no.3 is also mutated in Mutation Case no.2(4) of 1967-68. The plaintiffs ore rightful owners of the suit land and they are in peaceful possession thereof. Sardar Murmu has no manner of right, title and interest over the suit land and he was never in possession of the same. However, said Sardar Murmu dishonestly clamed that he was married with Salma, daughter of Bisu Hembrom, in Gharjamai form and tried to disturb peaceful possession of the plaintiffs, The dispute led to a proceeding under Section 144 Cr.P.C., which was registered as Cr. Misc. no.343 of 1970. In the said proceeding Rule was arbitrarily made absolute against the plaintiffs by order dated 13th August, 1970. The order was wholly erroneous and illegal and the same cast a shadow of cloud over the title of the plaintiffs and also gave rise to the cause of action for the suit.