U HONDRUMUNI KHARKONGOR AND ANR Vs. KA MYRHIAH AND ORS

JUDGEMENT

(1.) This is an application under the provisions of Rule 36 of the Rules framed for the Administration of Justice in the Administered Areas of Shillong Town, read with Sec. 115, Civil P.C. directed against an order passed by the Additional Dominion Agent, Khasi States, in Civil Political Rev. Case No. 4/S of 1948, dated 4-4-1949.

(2.) The facts material to the application are these:--The petitioners who are husband and wife, purchased a holding situated in Mawkhar, Shilong, from the mother of petitioner Ka Setimon, named Ka Myrhish Jaid Sawkmie, by a sale deed, in which the boundaries relating to the property in dispute were described. These boundaries have been referred to in Ex. B and the report of the Myntries, dated 26-6-4 Sec. the question of determining the boundaries came up before the Myntries in the following circumstances.

(3.) In 1934, the opposite parties, being the mother and her youngest daughter and her husband, extended their bakery in such a manner as to encroach upon a portion of the land belonging to the petitioners. The petitioners moved the Shillong Municipal Board for the depilation of the extension, but the Board declined to order its demolition. The petitioners then filled a suit being Suit No. 6 of 1944, in the Mylliem State Court which, by its Judgment, dated 4-3-1946, decided that the boundaries of the property in dispute were as shown in Ex. B, and held theft the, opposite parties had encroached upon UMP property of the petitioners by some 2 or 3 feet A year later on 10-6-47, the petitioners moves the Mylliem State Court for the restoration of their land which had been encroached upon by the opposite party, and for determining the boundaries of the properties belonging to the reactive parties. Upon this petition, two Myntries of the Mylliem State were deputed to demarcate the boundaries. The Myntries submitted the report on 26-6-48. The report is in these terms: