RAM NATH MUNDA Vs. KHAINTU MUNDA

JUDGEMENT

(1.) THE substantial question of law to be answered in this second appeal preferred by defendant -appellant - appellants is : - -Whether in view of the fact that the deed of adoption was executed in the year 1950, a suit filed in the year 1981 was barred under the law of limitation. No liberty had been granted to raise another substantial questions of law but it has been argued by the learned counsel for the appellant that in fact the questions to be answered are whether Section 2 of the Hindu Adoption and Maintenance Act bars adoption by Schedule Tribes and whether the Hindu Succession Act 1956 is applicable to the plaintiff who is a Munda (a schedule tribe)?

(2.) THE question aforesaid arose out of the following short facts: - - The plaintiff Paku Mundan (who was subsequently substituted by Khaintu Munda) was the daughter of Ghuran Munda. The pleading is that the plaintiff as also her ancestors were sufficiently Hinduised and they were governed by Hindu Mitkashara Law in the matters of succession and inheritance. The father of the plaintiff held and possessed lands under Khata Nos. 20 and 101 of Village Turidih. P.S. Raidih of R.S. as his raiyati lands fully described in schedule 'B ' of the plaint. He was also in possession over the same till he died in the year 1973 as the sole owner. The father of the plaintiff Ghuran Munda sold the lands of Plot Nos. 988, 990, 996 and 987 of Khata No. 20 and Plot Nos. 269, 270 and 275 of Khata No, 101 to Bahira Munda by a registered deed of sale dated 11.2.1946 and the purchaser came and remained in possession and he was still in possession thereof. The father of the plaintiff had no heir excepting the plaintiff his own daughter, she all along lived in the house of her father and even after her marriage her husband was also adopted as Ghardamad who rendered all services and helped and cultivated all lands belonging to his father till he was alive and after the death of his father he performed his last rites according to Hindu rituals. After the death of her father the plaintiff being the class I heir inherited the properties of her father and came in possession in her own right as the sole surviving heir under the Hindu Law and remained in peaceful possession of the suit lands described in Schedule 'B ' of the plaint.

(3.) THE contesting defendant Nos. 1 and 2 filed a written statement, according to them the suit was barred under Sec.34 of the Specific Relief Act, law of limitation and adverse possession and the plaintiff 20/5/201had 4 Pano ge 98right to challenge it. The deceased plaintiff was the wife of one Sukar Munda of Village Sikoy P.S. Raidih, District Gumla. They pleaded that the father of the plaintiff and his ancestors were never Hinduised and they were never governed by Hindu Law. The defendants are agnates of the father of the plaintiff and are governed by their own custom and according to the said custom female claiming through males are excluded from inheritance. When a Munda dies sonless his properties are inherited by his agnates. Daughters and widows are only entitled to maintenance till marriage. A Munda can adopt a person and if he adopts from his agnates his property is inherited by the poshputra. The father of the plaintiff died immediately after he registered a deed of poshputra and poshputra is in exclusive possession in his own rights to the knowledge of all concerned. Therefore, it was incorrect to say that the father of the plaintiff remained in possession till he died in 1973 as sole owner and that he was paying rent. It was further pleaded that defendant No. 1 always paid rent as he was a recognized raiyat and defendant No. 1 was also brought up by Ghuran since his childhood. The claim of the plaintiff that Ghuran had sold plot to Bahira Munda on 11.1.1946 was denied, the possession of Bhaira Munda over the Kiti Rana Versus State Of Bihar (Now Jharkhand) said land was also denied. It was further pleaded that the plaintiff was married much before 1945 and lived at her husband 'splace and Ghuran Munda duly adopted a son according to the custom and a deed was also executed and defendant No. 1 was in possession and defendants are in possession since then. The plaintiff 'shusband have been adopted as Ghardamad was denied and also the claim of the plaintiff that the last rites of Ghuran Munda was performed according to Hindu rituals was also denied. There was no occasion prior to the proceeding under Sec.144 Cr PC to produce the document and therefore it could not be said that the deed appeared for the first time in that proceeding.