IVORY SYIEM Vs. BETTYMAI SYIEM
LAWS(MEGH)-2013-7-4
HIGH COURT OF MEGHALAYA
Decided on July 23,2013

Ivory Syiem Appellant
VERSUS
Bettymai Syiem Respondents

JUDGEMENT

- (1.) AS prayed for by the learned Sr. counsels appearing for the parties, this revision petition is taken up for disposal at this stage.
(2.) HEARD Mr. VGK Kynta, learned Sr. counsel, assisted by Mr. R. Thangkhiew, learned counsel appearing for the petitioner and also Mr. H.S. Thangkhiew, learned Sr. counsel, assisted by Mr. L. Khyriem, learned counsel appearing for the respondent. For this judgment proposing to be passed by this Court, it is not required to delve deep into the factual matters leading to the filing of the present revision petition. The suit land is located within the Sixth Schedule area controlled by the Khasi Hills Autonomous District Council. The petitioner/plaintiff filed the TS No. 12/2011 for declaration and permanent injunction for the suit properties which are located in the different villages and the different Syiemship. For easy reference, the particular of the suit properties mentioned in the plaint of TS. No. 12/2011 are reproduced hereunder: - "SCHEDULE OF PROPERTIES a) All that piece and parcel of land situated at Mawlai Phudmawri (Khlieh Shnong), Shillong, Mylliem Syiemship, East Khasi Hills District which bounded are as follows : - North : - P.W.D. Main Road and Mawlai Phudmwri Internal Road. East : - Land of Smti. T. Thabah, land of Smti. L. Kharbangar and land of Smti. B. Dohling. South : -Mawlai Phudmawri (Nongmadan) Internal Road. West : - Sacred Heart Girls' Higher Secondary School. b) All that piece and land situated at Mawlai Mawtawar, Shillong, Mylliem Syiemship, East Khasi Hills District called " Ka Umjalynshir " which bounded as follows: - North : - Approach Road to Umphrew. East : - Nongkohlew village. South : - Mawpat and Mawtawar. West : - Wah Eriongand Umjaktieh. c) All that piece and parcel of land situated at Laitumkhrah, Mylliem Syiemship, East Khasi Hills District which boundaries are as follows : - East : - Laitumkhrah Main road. West : - Land of Smti Drostimon Jana. North : - Approach Road to Upland Road. South : - Land of Mrs. Dien Parera and Marian Suting. d)All that piece and parcel of land called "Lum Syiem" situated at Umroi - Nongrah, Mylliem Syiemship, Ri -Bhoi District bounded as follows : - East : - Land of Presila Dkhar. West : - Land of Sara Syiem. North : - Land of Themis Nengnong. South : - P.W.D. Shillong By Pass. e) All that piece of land and parcel of land situated at Umtyrnah -Umroi Umdohbyrthih, Mylliem Syiemship, Ri -Bhoi District bounded as follows : - East : - Land of Armstrong Syiem and Umroi Stream. West : - Land of Julin Syiem North : - Umroi Stream South : - Land of Armstrong Syiem. f) All that piece and parcel of land situated at Shilliang -Umroi, Mylliem Syiemship, Ri -Bhoi District bounded as follows: - East : - Umroi Stream. West : - Land of Jrim Syiem. North : - Land of Shar Syiem and MES. South : - Umroi Stream. g) All that piece and parcel of land situated at Umeit -Umroi, Mylliem Syiemship, Ri Bhoi District bounded as follows: - East : - Umroi Stream. West : - Land of Min Syiem. North : - Land of Dwet Rymbai. South : - Umroi Stream. h) All that piece and parcel of land situated at Myrdon Mawdei, Myrdon Sirdarship. Ri -Bhoi District bounded as follows: - East : - Umran Stream and Forest Department Silviculture. West : - Umpih Stream, land of Ka Kur Nongphlang, Umpynthor Ka Bri Nongphlang and Um Nongkynrew. North : - Umran Stream. South : - Umshyrwat Stream, land of Ka Shran Dohtdongm Umpynnoh Raid Stream and land of Nongpathaw. i) All that piece and parcel of land called "Khyndew Syiem" situated at Myrdon Nongbah, Myrdon Sirdarship, Ri -Bhoi District which boundaries are as follows: - East : - adjacent to the Catholic land and Lum Keni village. West : - adjacent to the Mardon Nongbah village. North : - adjacent to the land of Nongphlang. South : - adjacent to Ka Keniong and Padom Forest".
(3.) ON bare perusal of the suit properties mentioned in the plaint of TS No. 12/2011, it is clear that the suit lands mentioned in a), b), c), d), e), f) and g) are situated within the Mylliem Syiemship. The suit lands mentioned at h), & i) are located within the Myrdon Sirdarship. It is an admitted case of both the parties that the Rules called Khasi Hills Autonomous District Council (Administration of Justice) Rules, 1953 is applicable to the present case. "Village" is defined in Rule;


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