JOSEPH MUNDA Vs. MOST FUDI

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree dated 8-4-1988 passed by Addl. Judicial commissioner- IV, Ranchi in Title Appeal no. 26 of 1983, whereby he has reversed the judgment and decree dated 10-2-1983 passed by Additional Subordinate Judge, ranchi and, decreed Title Suit No. 132 of 1978.

(2.) IN terms of order dated 23-3-1995, this second Appeal was admitted for hearing on the following substantial question of law : -"whether the Lower Appellate Court has erred in law in holding that the plaintiffs being the agnatic heirs of Rashu Munda, have got valid title to the suit lands and in the facts and circumstances of the case, they were entitled to recover possession from the defendants, who were admittedly in possession?"

(3.) THE plaintiffs filed Title Suit No. 132 of 1978 for declaration of their title in respect of the suit land being Khata Nos. 5 and 148 situated at village Siyyankel, P. S. Khunti, district Ranchi. The case of the plaintiffs, in short, is that they are Munda by caste and are governed by their own customary law in the matter of succession and inheritance. The common ancestor of the parties was Pandu Munda who had three sons -Simon Munda, Rashu Munda and Patras munda. The heirs of Simon Munda and patras Munda are the plaintiffs, whereas the heir of Rashu Munda is defendant No. 1. Plaintiffs' case is that Rashu Munda had only one daughter, namely Karuna, who was married with Matias Purti alias Munda of village Bejiganwa. Defendant No. 1 is the son of Most. Karuna from Matias Purti. Rashu munda died few years prior to revisional survey operation leaving behind Most. Karuna as his only daughter. After the death of rashu Munda, the suit land was recorded in the name of his daughter Most. Karuna in the revisional survey record of rights. It was alleged that although the name of Most. Karuna was recorded in the records of rights, but the plaintiffs were cultivating the land and Karuna was being maintained by the ancestors of the plaintiffs. The ancestors of the plaintiffs alleged to have perfected their right, title and interest over the suit land. The plaintiffs' case is that after the death of most. Karuna, the plaintiffs being the nearest agnatic relations of Rashu Munda, they acquired absolute right, title and interest over the suit land, inasmuch as under the custom, the daughters are excluded from inheritance.