Decided on August 23,1973

Takhellambam Ongbi Yumnam Ningol Ibetombi Appellant
Mutum Rohini Singh And Others Respondents


Baharul Islam, J. - (1.) THIS appeal by the plaintiff is directed against the judgment and decree passed by the learned Additional District Judge, Manipur, in C. A. Case No. 23/71/19 of 1971.
(2.) THE plaintiff's case is that the suit land measuring 2.98 acres of patta No. 67/217 -I.W.T. (old) corresponding to patta No. 67/86 (new) of the same tahsil, belonged to Tombi Singh, late husband of the plaintiff. Tombi Singh died in 1955, leaving behind his wife Ibetombi Devi, the plaintiff, and three daughters, defendant Nos. 5 to 7. The plaintiff alleges that she inherited the land from her husband and was in continuous possession thereof. Her husband was lying ill for about 5/6 years. During that time Mutum Kwaklei Singh, a local physician who was a close friend of Tombi Singh, attended him. He was also entrusted with the management of the land. The plaintiff further alleges that Kwaklei Singh used to manage the property even after the death of Tombi Singh. The suit land was let out to defendant No. 1 on payment of 16 pots of paddy per year for about four years. Kwaklei Singh died in October, 1969, leaving his wife, defendant No. 2, and two sons, defendant Nos. 3 and 4 and a daughter defendant No. 8. The name of Kwaklei Singh was recorded in the revenue records in respect of the suit land behind the back of the plaintiff. On enquiry, it is further alleged, she came to know that a deed of sale was purported to have been executed by her husband, Tombi Singh, in favour of Kwaklei Singh on 3 -5 -1950, but that it was a sham transaction. As defendant No. 1 refused to pay her share of the paddy she came with the present suit for declaration of her title to the land in suit and for recovery of possession thereof and also for recovery of 12 pots of paddy or its value amounting to Rs. 312/ - from defendant Nos. 1 to 4 at the rate of Rs. 13/ - pes Sangbai. Defendant Nos. 1 to 4 have filed a joint written statement. Their case is that Tombi Singh sold the land by registered sale deed dated 3 -5 -1950 to Kwaklei Singh, whose name was mutated en 19 -1 -1952, a separate patta, being patta No. 67/322 -I. W. T., was issued to him; he was in possession of the land and after his death, defendant Nos. 2 to 4 continued to be in possession thereof. They further allege that defendant No. 1 was a tenant under Kwaklei and after him under them, and not under the plaintiff.
(3.) DEFENDANT No. 8 filed a separate written statement supporting defendant Nos. 1 to 5.;

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