ANDY MANGSATABAM Vs. THANGJAM SHYAMKISHORE SINGH
HIGH COURT OF MANIPUR
Thangjam Shyamkishore Singh
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KH.NOBIN SINGH,J. -
(1.) Heard Shri M. Rarry, learned Advocate appearing for the petitioner and no advocate is present for the respondents nor are they themselves present in the court.
(2.) The instant civil revision is preferred again the order dated 04.11.2016 passed by the learned Civil Judge, Senior Division, Imphal West in Judicial Misc. Case No. 918 of 2015.
(3.) According to the petitioner, he is the owner in possession of three homestead lands at Changangei, Imphal West which were acquired by him by executing three sale deeds dated 12.06.2013 and 19.06.2013. After the said homestead lands being acquired by him, three Jamabandis were issued by the revenue authority in his favour and accordingly, he applied for demarcation and identification of the boundary of said three homestead lands by way of an application filed before the revenue authority.
3.1 The respondent Nos.1 and 2 are father and son who were occupying a Government land under C.S Dag No.1246 without any authority. The respondent No.1 filed a writ petition being WP(C) No.156 of 2014 wherein this Court vide its order dated 06.03.2014 observed that although the respondent was not the owner of the land, he was running a katcha fast food stall on Government land and he was granted five weeks time to vacate the same. Since the respondent No.1 failed to vacate the Government land, an eviction case No.2 of 2014 was initiated against him under the provisions of the Manipur Public Premises (Eviction of Unauthorized Occupant) Act, 1978. Despite an order dated 19-07-2014 being passed by the learned SDO, Patsoi, the respondents continued to occupy the said land. When the petitioner started construction of the boundary wall, the respondents raised an objection without any rights thereof and erected hoardings on the suit lands of the petitioner. Many attempts made by the petitioner and his employees to remove the hoardings, were thwarted by them with threats of assaulting and killing, for which a complaint was lodged with the police. According to the petitioner, it is an admitted position on record that the respondents are the unauthorized and unlawful occupants of the land under C.S Dag No.1246 which is a Government land and that they have no right to make any claim or objection to the enjoyment of the rights of title and ownership appurtenant to the land under C.S Dag No.1247 by the petitioner.
3.2 On 18-11-2014 the petitioner filed a suit being O.S No.63 of 2014 for declaration and permanent injunction against the respondents wherein a joint written statement-cum-counter claim dated 19.12.2014 was filed by the respondents admitting that the petitioner is the owner of the suit land under C.S No.1247 measuring an area of 0.24 acre, to which the petitioner filed a replication. In the meantime, the respondents along with their family members filed a suit being O.S No.67 of 2014 against the petitioner praying for a decree declaring that their rights and title in the use and enjoyment of the approach road as easementary right being absolutely indefeasible in respect of suit land under C.S Dag. No.1247 which was dismissed on 19.05.2015 by allowing the Judl. Misc. Case No.538 of 2014 filed by the petitioner.
3.3 The respondents filed an application being Judl. Misc. Case No.918 of 2015 for amendment of their Joint Written Statement-cum-Counter Claim which was objected to by the petitioner on the ground that admission made by the respondents in their written statement could not be allowed to be amended. The learned Civil Judge, Senior Division, Imphal West vide its order dated 04-01-2016 allowed it subject to payment of Rs.2,000/-(Two thousand) only as costs. Being aggrieved by it, the instant revision petition has been filed by the petitioner.;
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