CHAMPU ORAON Vs. SOMARI ORAON

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree dated 13.09.2007 and 26.09.2007 respectively passed by the Additional Judicial Commissioner, Ranchi in Title Appeal No.80 of 1999 affirming the judgment and decree dated 27.08.1999 passed by the Additional Sub-Judge-VI, Ranchi in Title Suit No.265 of 1986.

(2.) For proper appreciation of the matter it would be necessary to refer to the case of the parties.

(3.) The plaintiffs case is that Durga Oraon died without any male issue and hence as per customary law the property of Durga devolved upon his nearest male agnates and the plaintiffs grandfather came into cultivating possession of the suit property. That in a criminal case filed by Dewa Oraon and Sonia Orain alias Duria Orain against the grandfather of the plaintiffs, the grandfather of the plaintiff was acquitted whereafter Dewa Oraon and Sonia Orain instituted Title Suit No.134 of 1932 against the grandfather of the plaintiffs for declaration of title and recovery of possession and the said suit was decided on 25.06.1934 wherein it was held that Sonia Orain alias Duria Orain was entitled to the usufruct of the suit property for her maintenance during her life time. It was also held that Dewa Oraon was not the "ghar damad" of late Durga Oraon and therefore, he had no right, title and interest or ownership possession over the suit property.