LAKHAN HEMBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding which has been held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality.

(2.) Petitioners have knocked door of this Court with a prayer for quashing Judgment dtd. 29/12/2006, passed in Kolhan Title Appeal No. 31/2003, passed

(3.) Fact of the case in brief is that the plaintiffs/petitioners preferred suit before the Court of Additional Dy. Commissioner at Chaibasa vide Kolhan Title Suit No. 25/86 for declaration of right, title and interest and for confirmation of right, title and interest and for confirmation of possession or in alternative for delivery of possession. Defendants/private respondents filed their written statement stating therein that the suit was not maintainable and barred by limitation and as such the same was liable to be dismissed. Thereafter, following the principles of Wilkinson Rule, three Panches were appointed for settling the matter. The Panches, by the majority of Award, held that the plaintiffs/ petitioners were the nearest agnates of Bhudhu Munda. However, the Additional Dy. Commissioner, West Singhbhum, Chaibasa, after hearing the parties, vide his order dtd. 9/8/2000, dismissed the suit on the ground of non-joinder of necessary parties as well as on the ground that suit was barred by limitation. Being aggrieved, the plaintiffs preferred an appeal before the Commissioner, Singhbhum (Kolhan), Chaibasa vide Kolhan Title Appeal No. 31/03, which also stood dismissed vide Judgment dtd. 29/12/2006, which is under challenge before this Court.