JEMA ORAIN Vs. MANSAI KUJUR @ MARSEL ORAON

JUDGEMENT

(1.) THIS is the defendant 'ssecond appeal against the judgment and decree of affirmance dated 30.8.2002 passed in Title Appeal No. 53/95 by Additional District and Sessions Judge, Fast Track Court, Gumla upholding the judgment and decree dated 28.9.1995 passed in Title Suit No. 25/93 by the Munsif Gumla. The plaintiff -respondents filed the said suit praying relief, inter alia,, for declaration that the order passed by the ASO, Ranchi Camp, Gumla passed in Revision Case No. 11/91 dated 8.4.1993 is illegal and Bulaki Ram Versus Jatru Mahali infructuous and for declaration of his right and title over the suit land and also for possession and alternatively for recovery of possession. The plaintiffs case was that the suit land of Khata No. 129 of village Kating, P.S. Chainpur, District Gumla was recorded in the name of late Futkal Sakra Oraon in re visional survey records. The said receded tenant had no male issue. He died leaving behind five daughters namely, Martha, Soloney, Megledlina, Margrete and Bernadate. According to the plaintiff, after the death of Futkal Sukra Oraon, Most Mariam had brought one Marsel Oraon from the village Pundri, District Gumla for adopting him and for that purpose she executed a deed of Bal Posh in the year 1947. Marsel Oraon against the tradition and decency of the family compelled Martha, daughter of Most. Mariyam, to live with him without marriage which caused annoyance to Most. Mariyam and, therefore, she got the said Bal Posh deed cancelled by a registered deed of Cancellation No. 328 dated 22.8.1950. Thereafter, Marsel Oraon left the house of Most, Mariyam Orain. Most. Mariyam then brought the plaintiff as prospective ghardamad for her daughter Bernadit Orain, according to the custom of the family and with the consent of the co -villagers. The plaintiff and his wife Bernadit Orain were duly adopted and have been living in the house of Most. Mariyam. After the death of Mariyam, Bernadit Orain applied for mutation of her name in respect of the suit land which was allowed by order dated 1.2.1957 and since thereafter the plaintiff has been paying rent to the State of Bihar (now Jharkhand) regularly. It was further stated that the plaintiff and his wife looked after and served Most. Mariyam during her life time and after her death performed her last rites according to the Oraon custom. The plaintiff was subsequently appointed in Government service and in that connection he has been living elsewhere, and got the land cultivated by the adhbataidar. Taking undue advantage of his absence the defendant got her name entered in the recent survey record without any notice to the plaintiff. The plaintiff filed revision against the said entry which was registered as Revision Case No. 11/91 was ultimately decided erroneously in favour of defendant No. 1 by the ASO, Ranchi Camp Gumla by order dated 8.4.1993. It was stated that the defendant No. 1 Jema Orain was born out of the illegal relationship of Martha Grain and Marsel Oraon and she has absolutely got no right to get the property recorded in khatiya. The defendant No. 1 never came in possession over the suit land and in either way the order dated 8.4.1993 passed by the ASO is not binding on the plaintiff. However, as the said order is against his interest, he filed the said suit.

(2.) THE defendant No. 1 contested the suit by filing a written statement. According to her, the suit was barred under various provisions of law and the plaintiff is not entitled to any relief. Although she admitted the custom of the Oraon caste, yet the other facts pleaded by the plaintiff were denied. According to the defendant, Futkal Sukra Oraon had brought Marsel Oraon to adopt him as ghardamad for his elder daughter Martha. Subsequently Martha was married to Marsel and after their marriage both of then were living in the house of Futkal Sukra and were cultivating the said land. After the death of Futkal Sukra Oraon the said Marsel and Martha inherited the suit property and Marsel got his name mutated in the office of the ex -landlord and has been paying rent. According to her, the plaintiff was never adopted as ghardamad for Bernadate and the plaintiff never lived in the house of Futkal Sukra Oraon. Since Marsel had no male issue and the defendant No. 1 is the only daughter who inherited the suit property as an absolute owner thereof and her name has rightly been entered into the recent survey records, the ASO rightly passed the order in Revision Case No. 11/91. The said order is legal and binding on the plaintiff and the plaintiff is not entitled to any relief.

(3.) AGGRIEVED by the said judgment and decree, the defendant No. 1 filed regular appeal in the Court of the District Judge, Gumla being Title Appeal No. 53/ 95. The said appeal was ultimately heard and decided by the Bulaki Ram Versus Jatru Mahali Additional District Judge, Fast Track Court. Gumla. The lower appellate Court after hearing the parties and thoroughly considering the documentary as well as the oral evidences concurred with the findings of the trial Court and dismissed the appeal of the defendant No. 1 upholding that the plaintiff was adopted as ghardamad and he has succeeded to the suit land and the plaintiff has got right, title and possession over the suit land. It was further held that the decision in Revision Case No. 11/91 dated 8.4.1993 is not binding upon the plaintiff and that the defendant has got no right, title and possession over the suit land. The appeal was thus dismissed by the impugned judgment and decree.