Jharkhand High Court
Shiblal Soren vs Maha Hembrom on 12 July, 2018
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No.622 of 2015
1. Shiblal Soren
2.Purna Soren
3.Dhena Soren @ Tendu Soren
4. Chhota Soren ...... Appellants
Versus
1. Maha Hembrom
2. Lilu Hembrom
3. Solon Hembrom
4. Shibdhan Hembrom
5. Chamra Hembrom
6. The Deputy Commissioner of Pakur, District, P.S., P.O. &
District- Pakur ...... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellants : Mr. Indrajit Sinha, Advocate
For the Respondents :
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09/Dated: 12/07/2018
Heard learned counsel for the appellants. The appellants are original defendants first party. Title Suit No.23 of 2004 has been filed by the plaintiffs for declaration of right, title and interest over the suit land on the basis of inheritance.
It has been claimed that plaintiffs are claiming the suit land on the basis of inheritance through male members while the defendants are claiming through female members, which is contrary to local custom.
It has been claimed that plaintiffs and defendants are Santhals and they are governed by Santhals traditions.
Defendants have filed WS and has taken defence that predecessor of the defendant, namely, Hiramuni who is daughter of the common ancestor, has married with Kalu Soren in Ghar Jamai form. It is tradition in the Santhals Customary Law that if marriage is performed in Ghar Jamai form the Ghar Jamai is entitled to inherit the property.
It is admitted position that no female member is entitled to inherit the property but, if female member solemnize her marriage in the form of gharjamai and her husband is ready to live as a Ghar Jamai, he is entitled to inherit the property as a son.
The Trial Court has framed various issues and specific findings have been recorded and defence taken by the defendants first party that marriage has been solemnized in Gharjamai form has been negated.
Appellate Court has also confirmed this finding. Thus there is concurrent finding of both the courts below that defendant first party is not a Gharjamai and as such he is not entitled to inherit the property under the Santhals Custom.
In view of the above discussion, this Court finds that there is no substantial question of law involved in the present second appeal. Accordingly, the same is hereby dismissed.
( Rajesh Kumar, J.) Shahid/