SHRI NGUZUKHE Vs. SHRI YETOMO

JUDGEMENT

(1.) (Oral) - This revision is directed against judgment and order dated 4.9.91 passed by the learned Additional Deputy Commissioner (J), Zunheboto in Civil Appeal No. 1 of 1980.

(2.) This case has a chequered history dates back to 1948 where a party to the present dispute entered into an agreement for sale of plot of land measuring 200 x 100 at Suruhuto Town for a consideration of Rs. 30.00. The town was then very small, by now the said town has developed by leaps and bounds and has become a big town and the lands are now quite valuable and the price of the land are also quite high. Subsequent to 1948 agreement, there was yet another agreement between the present appellant Shri Nguzukhe and Khozulho to the effect that the appellant would give another plot of land adjacent to the plot already sold to the respondents party herein on the condition that respondent would give a gun to the appellant and the appellant in return would part a plot of land, a live Mithun leg, a shawl and Rs. 75.00 in cash. After the transaction, the respondent party delivered the gun to the petitioner and the petitioner also delivered the possession of the plot of land to the respondents parties. Subsequently it was discovered that the gun was without licence and the parties mutually agreed to repudiate the subsequent sale by returning the gun to the respondents parties and the respondents parties would return a live Mithun leg, a shawl and Rs. 75.00 in cash. It was disputed between the parties about the return of Rs. 75.00. A dispute was then raised before the Court of Circle Officer, Suruhuto who after examining the dispute involved, endorsed the case to DBs Court for disposal in accordance with Sema Customary law. The learned DBs Court fixed on 13.11.79 for taking of customary oath. On the date fixed the learned members of Dubashis and the parties to the dispute arrived at the disputed site as ordered.

(3.) The disputing parties, namely: Nguzukhe and Khozulho pleaded to the Dubashis that since the parties to the dispute are brothers they do not want to settle the case by taking oath and have decided to mutually agreed to divide the land in dispute equally between them. On this mutual agreement to settle the dispute by dividing the land equally, the learned Dubashis Court at Suruhuto divided the land between the parties as under:- "From water tank up to 30ft of the land has been kept by both of them. From this point onwards the site belongs to Shri Nguzukhe. Then from the place of Kikhezhe teacher up to the house of Khatovi shall be the site for Khozulho. And the boundary in between them has been demarcated from the site of Izheto's boundary upto the (tin'; point of retaining wall of Kikhezhe towards the uncut portion of Nguzukhe's site straight on to the middle door point of Khukhevi's house as the boundary.