- (1.) The present Second Appeal has been filed against the judgment and decree dated 13.06.2016 and 22.06.2016 respectively passed by the Principal District Judge, Dumka in Civil Appeal No.04/2008 affirming the judgment and decree dated 29.01.2008 and 07.02.2008 respectively passed by the Sub-Judge-II, Dumka in Title Suit No.147/1999.
(2.) The appellants/plaintiffs instituted the suit for declaring their right, title and interest of Schedule 'A' land property of J.B. No.7 corresponding the current Settlement J.B. No.4 of Mouza Jamua, No.10, Circle Matihani, P.S. Saraiyahat which belongs jointly in the names of Gangu Manjhi, Kusahar Manjhi and Patwari Manjhi. The plaintiffs further prayed that cutting made in the current settlement parcha of the names of plaintiffs and Godo Manjhi which was prayed to be declared that said cuttings are illegal and regarding the names of defendant no.1 is also null and void and illegal and for confirmation of possession of the plaintiffs. It was the case of the appellants/plaintiffs that they have given an genealogy table in para 2 of the plaint which is substance also denied by the defendants. The recorded tenant Bhuwan Manjhi, Mahadeo Manjhi, Sahdeo Manjhi, s/o Patwari Manjhi and widow of Patwari Manjhi namely Bhagwatia Manjhian were shown in the genealogical table. Bhuwan Manjhi, Sahdeo Manjhi and Mahadeo Manjhi stand recorded in the khatiyan of J.B. No.7 of Mr. Gantzer Settlement of mouza jamua and as because widow of the Bhagwatia Manjhian during Gantzer Settlement was not the heir so she was not recorded. Thus, three sons of Patwari Manjhi were joint in possession and died one after another last of all Bhuwan Manjhi died in the year 1935 leaving behind their mother Bhagwatia Manjhian, in state of jointness with the other co- sharers namely Gangu Manjhi and Kushar Manjhi. Gangu Manjhi has died represented by his grand son namely Govind Manjhi, Ghuran Manjhi, s/o Jagdish Manjhi, Binu Manjhi s/o Musari Manjhi grand son of Gangu Manjhi and Kushar Manjhi died and was represented by his grant son Kali Manjhi s/o Godo Manjhi who is the plaintiff no.4 out of three sons only Bhuwan Manjhi was married but he had no issue. Mahadeo Manjhi and Sahdeo Manjhi had predeceased Bhuwan Manjhi who also died in the year 1935 leaving behind his widow and mother Bhagwatia Manjhian was widow left and deserted the house of the Bhuwan Manjhi and remarried elsewhere and never come to back.
(3.) After the death of two brothers, Bhuwan Manjhi had reunited with father of the plaintiffs and the father of the plaintiff no.3 had performed the Mukhagni and shradh of Bhuwan Manjhi and on the death of Bhuwan Manjhi in the year 1935, the father of the plaintiffs and Ratan Manjhi being his next reversioners had taken possession of the Schedule 'B' land and began to possess them and maintain Most. Bhagwatia Manjhian. It is further stated that Ratan Manjhi had no son and he predeceased his brother Godo Manjhi, the father of the plaintiff no.4 and in course of time Godo Manjhi and the plaintiff no.1,2 and 3 had partitioned the schedule 'A'land among themselves and began separately cultivate and enjoy their respective share of the said lands, houses were also partitioned, old house fell and new house constructed by the father of the plaintiff no.4 on plot no.33 and in the old house was allotted to Ratan Manjhi where till his death he resided in the old house standing on plot no.33 and after his death, his daughter used to reside in the said house which the plaintiffs do not claim.;