PHILIP MARANDI Vs. SATYA HANSDA

JUDGEMENT

(1.) Heard Mr. K.K.Ambastha, the learned counsel appearing on behalf of the appellants.

(2.) The present Second Appeal has been filed being aggrieved and dissatisfied with the judgment and decree dtd. 7/8/2008, decree signed on 22/8/2008 passed by the learned Vth Additional District Judge, Fast Track Court, Jamtara, dismissing Title Appeal No.27 of 2005 and affirming the judgment and decree dtd. 30/9/2005, decree signed on 17/11/2005 passed by the learned Sub-Judge-I, Jamtara, dismissing the Title Suit No.85 of 1986.

(3.) Title Suit No.85 of 1986 was instituted for adjudication under the Santhal Pargana Customary Law in the matter of succession as there is no custom of adoption. The further relief was sought that the plaintiffs and proforma defendants are nearest agnates and the proforma defendants succeeds in the estate /suit land left by Babulal Marandi. A decree in favour of plaintiffs and proforma defendants that contesting Satya Hansda and others have got no right and title over the property of Babu Lal Marandi including the suit land, confirmation of possession and delivery of possession over the suit land and permanent injunction like the relief sought in the suit. The suit on contest was dismissed and aggrieved with that the appellant herein filed the Title Appeal No.27 of 2005 which was decided by the judgment dtd. 7/8/2008 whereby the learned appellate court has been pleased to confirm the judgment of the learned trial court and in that view of the matter, the present second appeal has been filed.