R. RAMSON AND ANOTHER Vs. P. LUISOM AND OTHERS
HIGH COURT OF GAUHATI
R. Ramson And Another
P. Luisom And Others
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Baharul Islam, J. -
(1.) THIS appeal is directed against the judgment and decree passed by the learned Additional District Judge, Manipur. in Civil Appeal No. 89 of 1970 (41 of 1971).
(2.) THE plaintiffs brought a suit for eviction of the defendants from a plot of land measuring about five acres. Their case was that they were in possession of the land since 1944 and had jhuming cultivation thereon at intervals of 10 to 20 years. While the cultivation could not be done, they used to collect timbers, wooden posts and other building materials from Jungles on the suit land. They were dispossessed from the suit land by the defendants on 24th January, 1968. The defendants were found digging the land for the purpose of raising houses on the land without the consent or permission of the plaintiffs. They, therefore, came with the present suit, inter alia, for perpetual injunction restraining the defendants not to interfere with their possession and evict them from the disputed land, as stated above, after demolition of their houses and structures on the suit land. The learned trial Court framed the following issues:
1. Whether the suit is barred by limitation ?
2. Whether the suit is maintainable in its present form ?
Whether the land in question is a public land or private land ?
(3.) WHETHER the defendants took permission of the Khullakpa concerned before settling at the land in question ?;
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