(1.) THIS is the plaintiff's appeal against the judgment and decree dated 22.1.2009 passed by the 5th Additional District Judge (FTC), Dumka in T.A. No.25/2007 affirming the judgment and decree dated 30.6.2007 passed in Title Suit No.131 of 1998 by Sub Judge -I, Dumka.
(2.) THE plaintiff had brought the said suit against the defendants seeking decree declaring that the plaintiff is validly adopted son of Randhan Hembram and Nunwa Soren as per their custom and inherited the property of Randhan Hembram. A decree for injunction was also sought restraining the defendant Nos. 1 to 3 from interfering with the right, title, interest and social status of the plaintiff.
(3.) THE defendants appeared and filed written statement contesting the plaintiff's suit. It was, inter alia, stated that name of Randhan Hembram was initially recorded in the settlement record. The defendants had filed objection against the entry. The same is still pending. The present settlement has not yet finalised. The record of right has not been finally framed and published. The p.ies are 'Santhals'. They are not governed by Hindu Law. There is neither custom of adoption in Santhals nor any law provides for adoption in Santhal community. The claim of the appeallant is wholly false and frivolous. There was no adoption as claimed by the plaintiff. The alleged registered deed is fabricated and a forged document. It was not signed by Randhan. Even an issueless Santhal is not entitled to adopt any son. In case where there is no son and there is daughter, a Santhal is entitled to bring 'Gharjamai' after marrying his daughter and his status is at par with adoption. It was stated that the suit is frivolous and baseless and not at all maintainable.