Decided on August 17,1994

KA MON KYNDAIT Respondents


Mrs Sharma, J. - (1.)This civil revision under Order 6 of the Assam High Court (Jurisdiction over District Council Courts) Order, 1954 has been preferred by the plaintiff petitioner against the judgement and order dated 6.5.87 passed by the learned Judge of the District Council Court, Jowai in TC Appeal No.8 of 1986 by which appeal was dismissed confirming the judgment in TS No. 6/79 instituted before the Subordinate District Council Court, Jowai.
(2.)Revision petitioner filed the Title Suit being Title Suit No. 6/79 as plaintiff claiming her right, title and interest over the suit land as the Ka Khadduh, inheritor of the ancestral property according to custom. The subject matter of the case involves a strategic question of customary law regarding inheritance in context to the large scale conversion to Christianity by the traditional, custom based society of the Khasis and Jaintias.
(3.)The claim of the plaintiff petitioner is that she is the Ka Khadduh (youngest daughter) heir and successor to all the properties left by her mother, deceased daughter and deceased brothers, that the properties had been all along under her possession by cultivation on 21 (twenty one) plots of land including the house, pine grove and garden at Suber Kmai Shnong. The genealogical line of the petitioner plaintiff and the qpposite party defendant is like this Late Ka Dhori Kyndait was the grand mother of the family and had two daughters late Ka Phan Kyndait and Late Ka Mi Kyndait. Late Ka Phan Kyndait had sons and daughters, namely, late U Manik, Ka Mon Kyndait (Defendant), late U Lian, Ka Maria Kyndait (Plaintiff), late .U Rin Kyndait and late U Orin Kyndait. Late Ka Mi Kyndait, the younger sister of late Ka Phan Kyndait had two sons, namely, U Bidon and U. Niel. The house of Ka Mi Kyndait became extinct.

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