N.N.TIWARI, J. - (1.) THIS is the plaintiffs -appellants -appellants' appeal, against the judgment and decree of affirmance dated 15th July, 2004 passed by the First Additional District Judge, Pakur in Title Appeal No. 74 of 1985 upholding the judgment and decree dated 20th July. 1985 passed by learned Subordinate Judge, Pakur in Title Suit No. 17 of 1982.
(2.) THE plaintiffs had filed the suit in representative capacity on behalf of 16 annas raiyats of village Ramnathpur, P.S. Hiranpur Dist. Pakur, praying for a decree declaring that the suit land measuring 20 bighas 16 kathas and 16 dhurs of Jamabandi No. 20 is a "fauti' land and that the defendant No. 1 is not the adopted son of Shankho Soren and the registered deed of adoption dated 20.5.1969 is void, farzi and not binding on the plaintiffs and that the decision of the Sub -Divisional Officer, Pakur in R.L. Case No. 73 of 1969 -70 and that appellate and revisional orders arising out of the same are not binding upon the plaintiffs. The case of the plaintiffs is that the suit land was recorded in the name of Pitho Soren son of Baijnath Soren and others. The recorded tenants predeceased Shankho Soren without any issue or legal heir. Shankho Soren also died issueless, sometime, in the year 1940 leaving behind his widow Sumi Tudu, Sumi Tudu died in 1969 and after her death the land became 'fautr. It is the case of the plaintiffs that after the death of Sumi Tudu, different persons started laying false claim over the suit land, which led to institution of R.L.R. Case No. 73 of 1969 -70 in the Court of Sub Divisional Officer, Pakur wherein a declaration was sought that the land is a jautt land. The Sub -Divisional Officer, after hearing, held that the land was not a 'fauti holding. The said order was confirmed by appellate and revisional authorities and thereafter the suit was filed.
(3.) THE defendant No. 1 appeared and contested the suit. In the written statement, after taking other legal grounds, it was stated that the same issue had been previously decided by the Sub -Divisional Officer and it was confirmed up to the revisional authority. It has been stated that Shankho Soren and Sumi Tudu were issue -less and they adopted the defendant No. 1 in the year 1935 according to the prevalent custom of Santhals. He has been living in the house of the Shankho Soren as their son since then and got married in that house. Shankho Soren died in 1950 and he performed his last rites. He performed the last rites of Sumi Tudu when she died in 1969. It has been stated that he is validly adopted son and inherited the suit land as such and that the suit land is not a fauti holding. He has been in continuous cultivating possession of the suit land on payment of rent regularly.;