GURUSHARAN SHARMA, J. - (1.) BIRSA Munda had four sons, namely, Somra Munda, Langra Munda, Baga Munda and Budhu Munda, Plaintiffs, who were sons of Budhu Munda, filed Title Suit No. 170 of 1980 for partition of their 1/3rd share in the suit property, detailed in Schedules A and B to the plaint, against defendants 1 and 2, who were sons of Langra Munda, defendant No. 3, who was son of Baga Munda and defendant No. 4, who was daughter of Somra Munda.
(2.) PLAINTIFFS case was that Somra Munda died leaving behind only 4 daughters, including defendant No. 4, who had no right to inherit the estate left by him, according to Mundas prevailent custom and, therefore, the same devolved upon his brothers family equally in three parts, namely, 1/3rd to defendants 1 and 2 No. 3, 1/3rd to plaintiffs. Only defendant No. 4 filed written statement and contested the suit. According to her, by registered deed of gift dated 19.4.1966, her father made gift of the suit land in here favour and since then she had been coming in peaceful possession thereof.
(3.) HER further case was that suit land was exclusive property of her father, Somra Munda and plaintiffs or other defendants had neither any interest therein nor they were entitled to claim its partition.;