Jharkhand High Court
Bharat Oraon vs Ketki Orain on 5 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Appellate Jurisdiction]
S.A. No. 356 of 2015
1.Bharat Oraon
2.Pari Orain
3.Rajendar Oraon
4.Rohit Oroan .... .. ... Appellants/Appellants/Defendants
Versus
1.Ketki Orain
2.Chariya Orain
3.Durgi Orain
4.Pushpa Orain
5.Anupa Orain
6.Birendra Oraon
.. ... ... Respondents/Respondents/Plaintiffs
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant(s) : Mr. Arun Kumar, Advocate.
For the Respondent (s) : Mr. Ashish Kumar, Advocate
..........
07/05.08.2021. Heard, learned counsel for the parties.
The instant Second Appeal has been preferred against the judgment dated
31.03.2015 and decree signed on 15.04.2015 passed by learned Principal District
Judge, Gumla in Title Appeal No.16/2005 whereby the judgment dated
12.09.2005 and decree signed on 23.09.2005 passed by learned Additional
Munsif, Gumla, in Title Suit No.14 of 1992 has been affirmed.
Mr. Arun Kumar, learned counsel for the appellants has submitted that the
defendants/appellants/appellants have preferred the instant Second Appeal against
the concurrent findings passed by both the learned courts below.
Mr. Arun Kumar, learned counsel for the appellants has vehemently argued
the case and submitted that the original plaintiff, Etwa Oraon has filed a suit for
declaration of plaintiff as ghardamad of Birsai Oraon on the basis of his marriage
with Ketki Orain, daughter of Birsai Oraon and subsequently residing in the
house of Birsai Oraon as Birsai Oraon has no son. The suit of the plaintiffs has
been decreed as the learned courts below have not considered the Exhibit-H, the
certified copy of Registered Sale deed No.1424 dated 01.10.1977, which has been
marked as Exhibit-H with objection, as such, the impugned judgment and decree
passed by both the courts below may be set aside.
Considering the findings recorded by both the courts below with regard to
marriage of Original plaintiff with Ketki Orain, daughter of Birsai Oraon and five
conditions necessary for ghardamad, in view of the judgment passed by the
Hon'ble High Court of Judicature at Patna, reported in AIR 1930 Patna 278,
nothing has been brought on record by the defendants/appellants/appellants to
suggest that original plaintiff, Etwa Oraon has violated any of the conditions.
Five conditions necessary for ghardamad, in view of the judgment passed
by the Hon'ble High Court of Judicature at Patna, reported in AIR 1930 Patna 278
are as follows :-
"(i) The father-in-law was sonless.
(ii)The ghardamad lived in the house of the father-in-law for two years before
his marriage.
(iii) He was then married to the daughter.
(iv) There should be an intention all along in the minds of the parties that the
status should be acquired and
(v) The Ghardamad had definitely given up his title to succeed to any property of
his natural father."
So far issue, which has been agitated by the learned counsel for the
defendants/appellants/appellants that Exhibit- H, Certified copy of registered sale
deed no.1424 dated 01.10.1977, has not been considered properly, this fact has
not been admitted by the plaintiff as the document remained on record with
objection as Exhibit-H. Etwa Oraon has also not inherited the property of his
natural father.
It appears from the finding recorded by the learned courts below that
nothing has been argued to differ with the concurrent findings recorded by the
courts below.
As such, in view of the judgment passed by the Apex Court in the case of
Gurnam Singh (Dead) by Legal Representatives and Ors. vs. Lehna Singh
(Dead) by Legal Representatives, reported in (2019) 7 SCC 641 and also in view
of the fact that nothing has been pointed out by the appellants to suggest that
there is any substantial question of law involved in the present Second Appeal
filed under Section 100 CPC, no interference is required by this Court.
Accordingly, the instant Second Appeal being devoid of any merit is
hereby dismissed.
(Kailash Prasad Deo, J.)
Sandeep/R.S
