AIR 2015 JHARKHAND 76

Jharkhand High Court

Hon'ble Judge(s): D. N. Upadhyay , J

Civil P.C. (5 of 1908) , O.20 R.18— Partition suit - Rule of primogeniture in Mundari Khuntkatti Tenancy is not considered as rule of lex loci. In partition suit, question of law arose whether the family was governed by the rule of primogeniture. The limited issue is 'whether rule of primogeniture is lex loci for Mundari Khuntkatti Tenancy or it is a specific custom prevailing in a particular village or in a particular family'. It is clear that the eldest son in the male line shall become the official head and he shall be called Munda or Headman of the village. So far the land pertaining to Mundari Khuntkati Tenancy, it is not indicated in the book that Munda shall be the sole proprietor of Mundari Khuntkatti Tenancy of the village. Being head, record of right may be prepared in his name, but, so far the right of other members are concerned, principle of inheritance and partition is required to be followed. Under the heading 'Partition' and 'Inheritance' under Chapter The Ethnography of the Mundas, custom prevailing has been indicated. Rule of primogeniture is lex loci and, therefore, this rule is to be proved by adducing evidence if it is prevalent either in the village or in the family. The duties of Munda also find mentioned in the official report on the Survey and Settlement Operation in the district of Ranchi done between 1....