RAMJEE ORAON Vs. RAMBRIKSHA ORAON

JUDGEMENT

(1.) Heard Mr. Rahul Kumar Gupta assisted by Mr. Anish Anand, learned counsel appearing for the appellants.

(2.) This Second Appeal has been filed against the judgment dated 05.03.2016 and decree dated 10.03.2016 passed by the District Judge-III, Gumla in Title Appeal No. 03 of 2011 confirming the judgment dated 22.02.2011 and decree dated 04.03.2011 passed by the Munsif, Gumla in Title (Partition) Suit No. 44 of 2007.

(3.) It transpires from the judgments of the trial court as well as the appellate court that it was the case of the appellants/plaintiffs that Budhu Oraon had no son due to which Budhu Oraon and his wife Tijain Orain have decided to keep a Ghardamad for their daughter Rani Orain and after taking permission from village panches and relations and well-wishers kept Sohrai Oraon in their house for 3 years as dhanger and after that married their daughter Rani Orain with Sohrai Oraon. Sohrai Oraon has been maintaining Budhu Oraon and Tijain Orain and was doing all services in cultivation and after death of Budhu Oraon and Tijain Orain performed their spiritual rites. After the death of his Sasur Budhu Oraon, Sohrai Oraon performed marriage of remaining three daughters of Budhu Oraon. Sohrai Oraon and Rani Oraon died leaving behind their two sons Bihari Oraon and Bahura Oraon. The appellants/plaintiffs are heirs of Budhu Oraon. In customary law of Oraon, Ghardamad is treated as his own son. Tijain Orain has also executed Ghardamadnama deed. It is said that Schedule-A of the suit land is joint property of appellants/plaintiffs and respondents/defendants, out of which for the sake of convenience, the appellants/plaintiffs are cultivating the suit land separately viz. plot no. 49, 124, 164 and 211 under khata no.23. The appellants/plaintiffs are still in possession over it. The disputes are being raised by the defendants on the point of payment of the rent with respect to the suit property and they are threatening the appellants/plaintiffs to oust from the suit property. Last payment of partition was made on 10.05.2007, but the respondents/defendants did not pay any attention to the request of the appellants/plaintiffs and, accordingly, the suit was instituted.