M.Y.EQBAL, J. - (1.) THIS appeal by defendant No. 1 appellant is against the judgment of affirmance. Plaintiff's suit for declaration of title and confirmation of possession over the suit property has been decreed by the Munsif. Gumla in forms of judgment and docree dated 6th March, 1986 in Title Suit No. 26/83 and the same was affirmed by the 1st Addl. District Judge, Gumla in Title Appeal No. 16/86.
(2.) THE facts of the case lie in a narrow compass: One Fagu Oraon was the common ancestor of the parties. He had four sons, Jitia, Ghusu Jitu and Sukra. Ghusu died issueless. Jitia had no male issue. Defendant No. 1,Chamin Oraoin is the daughter of Jitia from the first wife Dluitni. Jitu had four sons, Ghashi, Bana,Chanda and Mirsai. Chanda died issueless. Ghashi Birsai and Bana are defendant nos. 2,3 and 4. Sukra, son of Fagu had one son, Timru. Timru has two sons, Sukra who is the plaintiff and Ghusu who is the proform a defendant No. 5. Plaintiffs' case is that Jitu son of Fagu had no male issue whereas Sukra died leaving behind his minor son, Timru. After the death of Sukra his wife re -married and, thereafter, Timru became orphan having no one to look after him. Timru was, therefore, adopted by Jitia who had no male issue. The suit properly was acquired by Jitia. After his death. Timru being the only adopted son, inherited the suit property. After Timru died, both the plaintiff and defendant No. 1 have been coming in possession of the suit property.
(3.) THE case of defendant No. 1, on the other hand, is that Timru was not adopted by Jitia, rather, after the death of Jitia his widow Bhutni, by a registered deed of gift dated 11.11.1966, gifted the suit land to her son -in -law, Sepia (husband of Chamin). Sepla was also adopted as Ghardamad.;