BUDHAN MAHTO Vs. HORIL MAHTO

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent is directed against the judgment dated 16.12.1998 passed in F.A.No.13/86 (R)whereby the learned Single Judge allowed the appeal and set aside the judgment and decree dated 12.12.1985 passed by First Subordinate Judge, Hazaribagh in Title Suit No.82/78.

(2.) THE plaintiff -appellant filed Title Suit No.82/78 for declaration of 1/12th Share in Schedule E lands and also for a decree of partition and also for a declaration that the three sale deeds dated 6.5.1975 executed by Smt. Rukni in favour of the concerned defendants are forged and fraudulent transaction and are null and void.

(3.) THE contesting defendant Nos.4 to 6, on the other hand, filed a written statement and took the stand that the suit is barred by principle of waiver, estoppel and adverse possession and is also not maintainable under the provisions of Order II Rule 2, C.P.C. The defendants' case is that on the death of Churo Mahto, his two sons Chaman Mahto and Raman Mahto never joinly inherited the estate left by Churo Mahto in respect of land of Khata Nos.23 and 22 of village Baheri. The defendants' case is that during the life time of Churo Mahto, he divided all the lands between his two sons several years before the survey settlement of the year 1914 to 1916. Raman Mahto also died before the cadastral survey leaving behind his three sons, namely Fakir Mahto, Gandouri Mahto and Gango Mahto. Chaman Mahto died before the survey settlement leaving behind his only son Bhola Mahto. Bhola Mahto died leaving behind Most. Fulia and her two daughters - Rukni and Koili, who inherited the property left by Chaman Mahto. The defendants denied that the lands of village Baheri were ever recorded in the name of three sons of Raman Mahto and they had ever possessed any part of it. Defendants' case is that Most. Fulia has 10/5/2014 Page 21 Birendra Kumar Singh Versus State Of Jharkhand no previous marriage with Khedan Mahto and Most. Rukni was not the daughter through his alleged previous husband Khedan Mahto. Rather Bhola Mahto has two daughters - Rukni and Koili through his wife Fulia.