C.A.V. on 30.06.2025 Pronounced on 28/08/2025
The instant Second Appeal has been preferred being aggrieved
and dissatisfied with the judgment and decree dated 25.09.2002 (decree
signed on 05.10.2002) passed by learned Additional District Judge-III,
Dumka in Title Appeal No. 1 of 2000 whereby and whereunder the
judgment and decree dated 04.12.1999 passed by Civil Judge, Senior
Division-I, Dumka in Title Suit No. 20 of 1997 has been reversed and the
suit of the plaintiff has been dismissed.
2. The factual matrix giving rise to this appeal is that the
plaintiff/appellant filed the suit for declaration that adoption deeds No.
90/1973 dated 07.02.1973 and 278/1978 dated 05/10/1978 purportedly
executed by Rani Ostain in favour of defendant No. 1 and 2, respectively
2025:JHHC:25872
to be void, inoperative and not binding upon plaintiff. It is alleged that
parties are Hindus and governed by Hindu Law of Succession. It is
alleged that plaintiff Okhiya Ostain is sole daughter of Pairu Osta who
died in the year 1957 leaving behind his son Saligram Osta and daughter
Okhiya Ostain, the plaintiff. After death of Pairu Osta, the plaintiff along
with her brother Saligram Osta jointly succeeded and came into
possession of the landed property pertaining to Jamabandi No. 28 Mauza
Karia and Jamabandi No. 21 Mauza Eksingha and Jamabandi No. 20
Mauza Govindpur. It is further alleged that Saligram Osta died in the
year 1964 leaving behind his sole daughter Binda Devi and sole son
Neelkanth and his wife Rani Ostain. Neelkanth Osta died in the month of
April, 1973 and Binda Devi was married with one Pritam Thakur
(proforma defendant No. 5) who also died in the year 1980. Thereafter,
Rani Ostain solemnized her second marriage with one Muso Osta of
Saraiyahat and also executed a paper dated 05.06.1973 in presence of
Panchayat Authorities and villagers in respect of said marriage. It is
further alleged that Binda Devi also died issueless and her husband
Pritam Thakur (proforma defendant No. 5) performed second marriage.
Thereafter, being sole surviving heir of Pairu Osta (the recorded tenant)
the plaintiff in the capacity of his daughter became exclusive owner and
came into possession of the aforesaid landed properties. It is further
alleged that since some time past the defendants are making faul sort of
false claims. It is further alleged that defendant No. 1 and 2 are claiming
to be adoptive son and daughter respectively of Rani Ostain as per
impugned adoption deeds which are false and fabricated and such
adoption never took place rather in the garb of adoptions, the defendants
are adamant to get their names recorded in the present settlement which
is in operation. It is further alleged that the plaintiff for the first time
came to know about the aforesaid adoption deeds in first week of April,
1996 and with great difficulty obtained certified copies of the adoption
deeds and instituted this suit because the false claims of the defendants
before the settlement authorities has cast doubt in the right, title and
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possession of the plaintiff.
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