N.N.TIWARI, J. - (1.) AT the time of admission of this appeal, two substantial questions were framed : - - "(i). Whether the S.D.O. had the right to entertain and dispose of the suit without indicating that power was delegated to him? (ii). Whether the Court was justified in going into the merit of the claim of the party -
(2.) THIS appeal arose out of the suit filed by the plaintiff -appellant who was the objector before the Sub -Divisional Officer and the order had gone against him appointing the defendant as Pradhan in a proceeding for appointment of Pradhan of village Dhobona. He claimed to be the Jamabandi Raiyat of Mouza Dhobona @ Kalajhoria within the P.S. Nala. The appellant subsequently filed a suit being T.S. 41/43 of 1976/1983 for declaration that the appointment of the defendant as Pradhan was not in accordance with law and is void. The admitted case of the parties was that after the death of the father of the defendant, the defendant as well as the plaintiff claimed themselves as Pradhan of the village and they filed their respective petitions before the Sub -Divisional Officer praying for appointment as Pradhan of the village. Consequently two cases were registered before the Sub -Divisional Officer, Jamtara and the same were disposed of by order dated 22.3.1976 and the defendant was appointed as Pradhan of Mouza Dhobona @ Kalajhoria. The plaintiffs suit was contested by the defendant by filing written statement. The defendant, inter alia, took the ground that the suit was barred under Sec. 63 of the Santhal Parganas Tenancy Act and his appointment is in accordance with law and has been made after ascertaining the general acceptability by Jamabandi Raiyats. It was further claimed that the defendant 'sfather was the last. Pradhan and there was the general acceptability of the Jamabandi Raiyats in favour of the defendant for succeeding his father who was the last Pradhan. All the procedures of law were duly observed in his appointment and as such the same is valid and legal and the same cannot be challenged in view of the provision of Sec. 63 of the Santhal Parganas Tenancy Act.
(3.) IN the said title suit parties led evidences and several issues were framed. After thorough discussion and consideration of the evidences and materials on record and provisions of law learned trial Court dismissed the suit by judgment and decree dated 1.4.1986.;