KARAN MURMU Vs. COMMISSIONER

JUDGEMENT

(1.) THIS writ petition has been filed for quashing of Annexure -1 by which appellate authority dismissed the appeal of the writ petitioner and also for quashing of Annexure -2 by which the Settlement Officer set aside the order of Assistant Settlement Officer.

(2.) THE short questions to be answered in this writ petition are, (1) whether sister's son can inherit a joint landed property of maternal uncle. (2) whether a widow Santhal lady can create gharjamai even without the consent of the next heir of her deceased husband, (3) whether a daughter can succeed the property under the Santhal custom, (4) whether the story of gharjamai can be accepted even without any valid and legal document and (5) whether decision under Section 145, Cr PC with regard to the possession is binding on civil Court in determining the question of title?

(3.) RESPONDENT Nos. 4 and 5 appeared and filed a written statement and claimed that respondent No. 4 has been given land in marriage in gharjamai form. After notification of the settlement proceeding in Santhal Pargana, the Title Suit No. 26 of 1969 was transferred to the Court of the Settlement Officer, Santhal Pargana for its adjudication, which was numbered as Title Suit No. 56 of 1969 and the suit was decided by the Assistant Settlement Officer, Dumka on 11.1.1980 in favour of plaintiff -petitioner.