HARI SHANKAR PRASAD,J. - (1.) THIS writ petition has been filed for quashing of Annexure -1 by which appellate authority dismissed the appeal of the writ petitioner and also for quashing of Annexure -2 by which the Settlement Officer set aside the order of Assistant Settlement Officer.
(2.) THE short questions to be answered in this writ petition are, (1) whether sister's son can inherit a joint landed property of maternal uncle. (2) whether a widow Santhal lady can create gharjamai even without the consent of the next heir of her deceased husband, (3) whether a daughter can succeed the property under the Santhal custom, (4) whether the story of gharjamai can be accepted even without any valid and legal document and (5) whether decision under Section 145, Cr PC with regard to the possession is binding on civil Court in determining the question of title? The case briefly stated is that the plaintiff -petitioner filed a Title Suit No. 26 of 1969 before the Subordinate Judge, Sahibganj for a declaration to hold the property described in Schedule -A of the plaint, which petitioner claimed to belong to him, as he is the legal heir of the recorded tenant of the property situated in Mouza Bishanpur in jamabadni No. 2, an area of 22 bighas, 5 katha and 5 dhurs. The land in question was earlier recorded in the name of Anpa Tuddu and Karan Tuddu. Both the brothers had only one sister, namely Sakro Tuddu and both the brothers died issueless leaving behind their sister, namely, Sakro Tuddu as legal heir of the property. Sakro Tuddu had two sons, namely, Sham Murmu and Karan Murmu. Sakro Tuddu inherited the property left by her deceased brothers, as both the brothers had died issuless. After the death of Sakro Tuddu, her two sons inherited the property but Sham. Tuddu also died issueless and Karan Tuddu had two sons, namely, Sangram Murmu and Mangra Murmu, Sangram Murmu had four sons including the petitioner, out of whom one is major and three are minors. The plaintiff also sought confirmation of the possession over the suit property apart from the other reliefs.
(3.) RESPONDENT Nos. 4 and 5 appeared and filed a written statement and claimed that respondent No. 4 has been given land in marriage in gharjamai form. After notification of the settlement proceeding in Santhal Pargana, the Title Suit No. 26 of 1969 was transferred to the Court of the Settlement Officer, Santhal Pargana for its adjudication, which was numbered as Title Suit No. 56 of 1969 and the suit was decided by the Assistant Settlement Officer, Dumka on 11.1.1980 in favour of plaintiff -petitioner. The an appeal was preferred before the Settlement Officer, which was numbered as Title Appeal No. 2/80 and the Settlement Officer set aside the order passed in Title Suit No. 56/69. Thereafter the plaintiff -petitioner preferred Title Appeal No. 55/85 before the Commissioner, Santhal Pargana at Dumka but the Commissioner also dismissed the appeal on 23.1.1990 and thereafter, this petitioner has moved this application before this Court. ;