LAWS(GAU)-1994-6-31

KA MORDA KSHYIAR Vs. KA JAT SHADAP

Decided On June 08, 1994
Ka Morda Kshyiar Appellant
V/S
Ka Jat Shadap Respondents

JUDGEMENT

(1.) The revision has been preferred by plaintiff/petitioner against the judgment and order dated 11-9-89 passed by the Judge, Khasi Hills District Council Court, Shillong in Title Civil Appeal No. 5/86, affirming the judgment and order of the Presiding Officer, Additional Subordinate District Council Court, Khyrim Syiemship in Title Suit No. 7/ 81.

(2.) Revision petitioner as plaintiff filed the Title Suit No. 7/81 for declaration of right, title and for permanent injunction in respect of a paddy field known as "Sohlangdkhur", situated at Umtngam village, Raid Tyrso, Khyrim Syiemship, East Khasi Hills District and this land in dispute has been described in the Schedule of the plaint.

(3.) Petitioner/plaintiff purchased aforesaid paddy field, by way of "Siew Bai Nonglut Duh" (payment for expenses and developments) from the Opposite Party/defendant who executed a written deed of transfer in the presence of the village elders, and have been possessing the said land by making the field into an irrigated paddy field and making the water reservoirs and drains and cultivating paddy all along. After such possession for continuous eight years the petitioner applied for registration before the Syiem of Khyrim and Durbar, but on objection by the opposite party the matter was referred to the Civil Court for decision.