RASKA TUDU Vs. VITIYO SOREN

JUDGEMENT

(1.) By the Court:- Heard the parties.

(2.) This Second Appeal under Sec. 100 of the Code of Civil Procedure has been preferred against the judgment and decree dtd. 22/5/2009 passed by learned Additional District Judge, Fast Track Court, Rajmahal, in Title Appeal No.24 of 2007 by which in the judgment of reversal, the learned first appellate court has allowed the appeal and set aside the judgment and decree passed by the trial court being the Court of Sub-Judge II, Rajmahal in Title Suit No.41 of 2001.

(3.) The case of the plaintiffs in brief is that the plaintiffs are the heirs and successors of Huka Tudu son of Raska Tudu. They also admitted that Poma Tudu is the daughter of recorded tenant- Huka Tudu. The further case of the plaintiff is that Poma Tudu was given in marriage with Sufal Soren in ordinary form of marriage. The daughter of Poma Tudu namely Mongli Soren was also given in marriage in ordinary form of marriage. Out of the two marriages of Mongli Soren, her first marriage was with Singrai Murmu and after his death she married with Bolai Murmu whom she married by way of 'Lapang Marriage'. The plaintiff contended that in the last settlement before filing the suit, vide M.P. Case No.140 of 1995, the suit land was illegally recorded in the name of defendant being the heir and successor of the recorded tenant- Huka Tudu. The defendant claimed title over the suit land on the basis of the order passed by the Assistant Settlement Officer (A.S.O.) in M.P. Case No.140 of 1995. It is further the case of the plaintiffs that the defendant obtained the said order from the Assistant Settlement Officer in M.P. Case No.140 of 1995 fraudulently. Hence, the same is null and void under Sec. 44 of the Indian Evidence Act. The plaintiffs prayed for the following reliefs:-