DILWA KUER Vs. MAHIPAT SINGH

JUDGEMENT

(1.) HEARD Mr. Amar Kumar sinha, learned counsel for the petitioners and Mr. A. K. Sahani, learned counsel for the respondents.

(2.) BY this application under Article 227 of the Constitution of India the defendants-petitioners have challenged the order dated 9-11-2006 passed by Additional District judge, Fast Track Court, Palamau at daltonganj in Title Appeal No. 15 of 2003 whereby he has allowed the petition filed by the plaintiff/respondents seeking amendment in the plaint.

(3.) PLAINTIFF/respondents filed aforementioned partition suit for decree of partition claiming 1/4th share in the suit property. In the plaint the plaintiffs described themselves as Chero by caste being members of Scheduled Tribe. Defendant/petitioners contested the suit by filing written statement mainly on the ground that suit for partition is not maintainable for the reason that under the customary law prevalent amongst the members of schedule tribe community neither the daughters nor her sons are entitled to inherit the property of their father or maternal grandfather. The trial Court after considering the material on record and the evidence led by the parties dismissed the suit holding that parties are governed by customary law.