SUDAN MUNDA Vs. FAGUA MUNDA

JUDGEMENT

(1.) This second appeal is against the judgment and decree passed in Title Appeal No. 13 of 2006 by learned 20th Additional Judicial Commissioner, Ranchi, whereby he has dismissed the appellant's appeal and upheld the judgment and decree passed in Partition Suit No. 25 of 1999 by learned Sub Judge-I, Khunti. The appellant was the plaintiff No. 1. He along with his brother Sohan Munda (proforma respondent) filed said partition suit against the defendants in the court of learned Subordinate Judge, Khunti, claiming share in the suit property, described in the schedule appended to the plaint.

(2.) The plaintiff's case was that the suit property, appertaining to Khata No. 6 of village Bagru, P.S. Khunti, District Ranchi was recorded in the name of Karam Singh Munda and Sukhram Munda, both sons of Ratan Munda, having one share and Turi Munda-brother of Sukhram Munda, having equal share. However, it was specifically mentioned that Turi Munda went to Assam. The plaintiff claimed to be the descendant of Turi Munda. Further case of the plaintiff was that alias name of Turi Munda was Suri Munda and the said alias name was recorded in Khata No. 65 of village Bagru. The said land of village Bagru was also an Item of the suit property. Further case of the plaintiff was that though he had got half share in the property, the entire land is being cultivated by the defendants. Hence the necessity of the suit.

(3.) The defendants appeared and contested the suit. It was stated, Inter alia, that the plaintiffs are stranger to the family. There is no unity of title and possession between the plaintiffs and the defendants. The plaintiffs have no cause of action for the suit. It has been further stated that the plaintiffs are not even the residents of village where the suit lands are situated. They are residents of village Totada, P.S. Khunti, District Ranchi and they have absolutely no concern with the village Bagru. The plaintiff invented a story and have given alias name of Turi Munda as Suri Munda in order to show their connection with the family of the defendants. Turi Munda had left for Assam long ago and was unheard of. He never returned to the native village. He has no alias name as Suri Munda. The plaintiff's suit is, thus, frivolous and is liable to be dismissed.