RAM SUNDAR KUJUR Vs. KAMESHWAR ORAON

JUDGEMENT

(1.) ETA Oraon had two sons, Mahesh Oraon and Chera Oraon 14.47 acres land of Khata No. 331, situated in mouza Baralota, district -Palarnau, stood recorded in Cadestral Survey Khatiyan, Ext. 6 as raiyati land of Chera Oraon, who died without leaving any male issue. He had a daughter, Punia, who was married with Reyan Oraon, father of defendants 1 and 3.

(2.) PLAINTIFFS were descendants of Mahesh Oraon, who was tenure -holder under Khewat No. 47 of mouza Baralota. According to plaintiffs, after death of Chera, his full brother, Mahesh Oraon inherited raiyati lands of Khata No. 333 left by him. They denied Punia to be daughter or Chera and her husband, Reyan Oraon to be his ghar -damad plaintiffs claimed that out of aforesaid 14.47 acres, their ancestor, Lallu Oraon had made raiyati settlement of 10.47 acres with defendant No. 1 and remaining 4 acres, which was subject matter of dispute in the present suit continued in their khas possession and after vesting of their milkiat interest in the State of Bihar under the provisions of Bihar Land Reforms Act, 1950, they got fair rent fixed therefor along with other lands under Sections 5, 6 and 7 of the said Act.

(3.) TRIAL Court dismissed the suit holding that Punia was daughter of Chera and her husband Reyan Oraon was living with Chera as ghar -damad and after his death inherited the suit lands including the remaining 10.47 acres land of Khata No. 331.