KA BANTEINAM SYNGAI Vs. KA SYRPAIMON KHIEWTAM AND OTHERS

JUDGEMENT

(1.) - Heard Mr. MF Qureshi, learned counsel for the petitioner as well as Mr. GS Massar, learned senior counsel assisted by Mr. R Kharsyad, learned counsel appearing for the respondents.

(2.) This revision petition is directed against the judgment and order dated 28.07.2015 passed by the Judge, District Council Court, Khasi Hills, Shillong in Misc. Civil Appeal No. 22 of 2012.

(3.) The fact of the case leading to the filing of the revision petition is briefly noted. The respondents in the present revision petition filed a Title Suit No. 4 of 2007 before the subordinate District Council Court against the mother of the present petitioner Late Ka Tipsngi Sngai for declaration with consequential relief and permanent injunction that the respondent No. 1/plaintiff Smti./Ka Syrpaimon Khiewtam and her family are the rightful owners of the suit land and house and also that the suit land and house as described in the Schedule are ancestral properties as those are acquired through the income arising out of the ancestral property as per law and custom and also that the order dated 30.03.2007 and notice dated 26.04.2007 passed and issued by the proforma defendant No.3 are against the principle of natural justice, perverse, bias and one-sided. The present petitioner had contested the suit before the trial court by filing the written statement. A misc. application being Misc. Case No. 5 of 2007 was filed in Title Suit No. 4 of 2007 for appointment of a receiver of the suit properties. The trial court vide judgment and order dated 04.07.2012 rejected the Misc. Case No. 5 of 2007. Being aggrieved by the said judgment and order dated 04.07.2012 passed by the trial court for rejecting the Misc. Case No. 5 of 2007 for appointment of a receiver; the present respondents filed a Misc. Civil Appeal No. 22 of 2012 in the Court of the Judge, District Council, Khasi Hills, Shillong. It is clear from the submission of the learned counsel appearing for the present petitioner that the mother of the petitioner Late Ka Tipsngi Syngai had expired on 20.12.2011 before the said appeal was filed.