RAM DAS ORAON Vs. FAGU ORAON

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) The plaintiffs/appellants and appellants have filed this second appeal against the judgment and decree dated 29.06.2012 passed by the District Judge-XVIII, Ranchi in Title Appeal No. 80 of 2005 whereby and where under the learned District Judge-XVIII, Ranchi dismissed the said appeal and upheld the judgment and decree passed by the Sub-JUDGE-I, Khunti in Title Suit No. 13 of 1994.

(3.) The case of the plaintiffs in brief is that the suit land has jointly been recorded in the names of Bono Oraon son of jitu Oraon and Soma Oraon son of Dorga Oraon, during the revisional settlement. It is the case of the plaintiffs that both Bono Oraon and Soma Oraon are agnates of the plaintiffs. Soma Oraon died issueless hence, he was succeeded by Bono Oraon to the exclusion of everybody else. It is further the case of the plaintiffs that Bono Oraon died leaving behind his sons namely Ghasi Oraon and Mochi Oraon. Mochi Oraon died issueless and Ghasi Oraon succeeded him as the sole surviving heir and successor. Ghasi Oraon has three sons, the Plaintiff No. 1 namely Ram Das Oraon, plaintiff No. 2 Birsa Oraon and Proforma Defendant No. 5 Bharat Oraon and according to the plaintiffs, the plaintiffs and the defendant no. 5 are in possession of the suit land. It is further the case of the plaintiffs that the defendant nos. 1 to 4 are no way related to Soma Oraon and the defendant nos. 1 to 4 do not have any right, title and interest or possession over of the suit land. As the defendant raised a false and frivolous dispute over the suit land and in a proceeding under section 144 of the Crimial P.C., 1973 rule was made absolute against them and as the defendant threatened to take forcible possession over the suit land hence, the plaintiffs filed the suit. The contesting defendants besides the usual defence have pleaded that Soma Oraon did not die issueless nor his interest devolved upon Bono Oraon. According to the defendant Soma Oraon has two sons namely Etwa and Lumba. Lumba has one son namely Ravi. Ravi died leaving behind his son Lohra who is defendant no. 4. Etwa died leaving behind his son Puran who was the defendant no. 1 in the suit and Puran has three sons Fagu, Haribol and Sita who on the date of the decree of the Title Suit no. 13 of 1994 were mentioned as defendant nos. 1, 2 and 3 respectively. The defendants admitted the pleadings of the plaintiffs to the extent that the genealogy of descendants of Bono Oraon as mentioned in the plaint is correct. It is the case of the defendants that after the death of Soma Oraon, his legal heirs succeeded to his share over the property and they are paying separate rent to the present Mundari Khuntkatti landlords whose interest has not been vested in the state as yet. It is further the case of the defendants that the proceeding vide M. Case No. 513 of 1976 was started by Lohra Oraon the great grandson of Soma Oraon against Mochi Oraon and one of the son of Bono Oraon in respect of suit plots no. 963 and in that proceeding Mochi has admitted in his show-cause that there has been no partition by metes and bounds among the heirs of recorded tenants and this admission is clear proof of all the facts that the defendants are the heirs of Soma Oraon. Further in that proceeding Mochi Oraon did not take the plea that Soma Oraon died issueless and ultimately, the said proceeding was ended on 07.02.1977 against Mochi Oraon. It is further the case of the defendants that the suit property is the joint property of the plaintiffs and the defendants. On the basis of the pleadings of the rival parties, the learned trial court altogether framed twelve issues the main issues being issue no. (vii), (x) and (xi) which are as under:-