MANU ORAON Vs. HIRA KUER

JUDGEMENT

(1.) THIS appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 29.4.1987 passed by Sub Judge II, Gumla in Title Appeal No. 16/9 of 1981/85 whereby he has dismissed the appeal filed by the plaintiffs/appellants and confirmed the judgment and decree passed by the Munsif, Gumla in Title Suit No. 160/69. The plaintiffs/appellants filed the aforementioned suit for declaration that partition deed dated 26.6.1969 is null and void and is not binding on the plaintiffs.

(2.) PLAINTIFFS case inter alia is that the lands under Khewat 23/1 and 23/2 Bhuinhari and Khatas 245 and 125 of village Pandaria P.S. Sisai, Dist. Gumla, originally belonged to one Sibu Oraon S/o Bandhu Oraon who has been recorded as such in the cadastral survey. Sibu Oraon had two daughters one of whom was married to Bijua and the other daughter was married to Dere Oraon. The further case is that Sibu Oraon, having no son, transferred his lands to his damads. Bijua and Dere vide registered deed dated 5.7.1912. It was confirmed by the then land lord also. After the execution of the deeds, Bijua and Dere remained in joint possession of the properties Dere died before revisional survey, leaving behind his son, Sibram. During revisional survey Bijua and Sibram were recorded separately for the lands as they were cultivating the lands separately for convenience sake. One Lachoo Oraon was also recorded for the lands of Sibu Oraon. Bijua died leaving behind his only son Sibu and Sibram died leaving behind Manu and Lachoo. There was one Lachoo Oraon son of Fagu Oraon recorded in Khewat 23/2 who also died leaving behind no issue. The plaintiffs and Sibu were and are the bhuinhars recorded in Khata No. 236 and are paying rent jointly. Sibu has only one daughter, Hira, the defendant, who has been married to Zarku Oraon son of Jipa Oraon of Armai Mahuatoli P.S. Gumla in a regular form and Hira used to reside in her sasural but as her father Sibu became old, she had been to her fathers house for attending him and on 19.7.1969 Sibu Oraon died and at present Hira is residing in the house of her father. The plaintiffs are the only reversioners and heirs of Sibu Oraon being the bhuinhars of one khunt. The plaintiffs are cultivating the land recorded in the name of Sibu since long in the life time of Sibu when Sibu became old and after his death the plaintiffs are cultivating the lands as the heirs and successors of Sibu. The defendants wanted to grab some lands and instigated her father to execute a partition deed and on 26.6.1969 got a partition deed registered which includes land in Khata No. 322, 125 and 245. The deed of partition gives no title to the defendant and no procedure under Section 46 CNT Act was acquired a bhuinhari lands and other lands of Sibu Oraon. The alleged deed is void, illegal, inoperative and not binding on the plaintiffs who are the heir of bhuinhar, Sibu Oraon. The plaintiffs still pay rent for those lands. The deed has cast a cloud over the title of the plaintiffs over the suit lands and hence the necessity of the suit for the aforesaid relief.

(3.) THE trial Court framed the following issue for consideration :