LAKSHMI N TUDU Vs. BASI MAJHIAN

JUDGEMENT

(1.) This appeal at the instance of the defendants appellant has been directed against the impugned judgment and decree of affirmation dated 9-9-1989 and 18-8-1989 respectively passed in Title Appeal No. 16 of 1981 by Shri P. Xaxa. 1st Additional District Judge. Singhbhum at Chaibasa whereby and whereunder the judgment dated 25-5-1981 passed in Title Suit No. 33 of 1980 by Subordinate Judge, Singhbhum, Chaibasa decreeing the suit was affirmed and the said appeal was dismissed.

(2.) The plaintiffs respondent have filed the said title suit for metes and bounds partition of the suit property detailed in Schedule B of the plaint claiming half share therein and for carving out a separate takhta of their half share by appointing a competent Commissioner.

(3.) The case of the plaintiffs respondent, in brief, is that parties to the suit are descendants of their common ancestor Bhaktu Manjhi deceased who died leaving behind his two sons, namely, Jhuttu Manjhi and Baya Manjhi. Said Baya Manjhi died in the month of May, 1973 in the state of jointness with his brother Jhuttu Manjhi leaving behind his two sons, namely, Lakhi Narain Tudu and Chandra Pratap Tudu who are defendants appellant in this case. Jhuttu Manjhi aforesaid died in the month of September, 1979 leaving behind his three daughters i.e. plaintiff respondent Nos. 1, 2 and 3 and a son and a minor daughter of his pre-deceased daughter and they are plaintiff respondent Nos. 4 and 5. Their case is that parties to the suit are Santhals but they are sufficiently HInduised and are governed by Hindu Law in the matter of succession and Inheritance. The suit property belonged to Bhaktu Manjhi aforesaid and on his death the suit property was inherited by his two sons Jhuttu Manjhi and Baya Manjhi and they remained in possession thereof without any partition by metes and bounds but they used to cultivate the suit property as per their convenience and in the survey settlement of 1961 they were Jointly recorded In respect of the suit property but their separate possession was recorded in the remark column of the Survey Records of Right in respect of the lands of khata No. 64 only situate in village Gamharia and even after the death of Baya Manjhi their sons i.e. defendants appellant and his brother Jhuttu Manjhi continued to remain in possession of the suit properties without any partition by metes and bounds and after the death of Jhuttu Manjhi the plaintiffs respondent inherited the half share in the suit property of Jhuttu Manjhi. It is alleged that differences arose between the parties in respect of the suit properties after the death of Jhuttu Manjhi and they demand for partition of the suit property which was refused by the defendants appellant and hence the necessity for the suit.