GURUSHARAN SHARMA, J. - (1.) PLAINTIFF is appellant. His suit for declaration of title, confirmation of possession and in alternative for recovery of possession over the suit land, described in Schedule to the plaint against the defendants was dismissed and trial Court's decree was affirmed by the 1st appellate Court.
(2.) ACCORDING to plaintiff, one Soma Oraon had a son, Chotka Budhwa @ Budhwa, who had three sons, Soma, Sohrai and Aanjha. Soma and Aanjha died issueless and their branch became extinct. Sohrai was a Tana Bhagat and he died leaving behind his son, Darjo Tana Bhagat, the plaintiff. Defendants, on the other hand, claimed that Narya Oraon was son of Budhwa Oraon and thus he was full brother of SohraLHe had adopted christanity and, therefore, during his life time Chotka Buhdhwa @ Budhwa separated him and allotted some lands exclusively to him and as such his claim was recorded in respect of lands of Cadestral Suryey Khata No. 145.
(3.) AFTER death of Chotka Budhwa @ Budhwa Partition Suit No. 80 of 1939 was filed against Sohrai Tana Bhagat, father of the plaintiff, which was decreed ex -parte and consequently, preliminary and final decrees were passed and in execution of final decree Narya Oraon got delivery of possession over the lands allotted to him by processes of Court on 2.12.1939.;