U. JOIN MANICK SYIEM Vs. U. ROSE MOHAN ROY MYNTRI AND ORS.

JUDGEMENT

(1.) THE petitioner U Join Manick Syiem has tiled this petition challenging the order passed by the Additional Deputy Commissioner, Shillong. The proceedings arose before the Additional Deputy Commissioner on a report by the officer -in -charge of the Cherra police station.

(2.) THE contention raised by the present petitioner la that he is the Siem of the Cherra Siemship and has teen the executive authority of the Siemship for the last forty years. In 1957 on the report of a Commiserated appointed by the Siem of serious irregularities and shortage of Rs. 5,198/ - the Siem suspended all the three Officers of Laitryngew Office and appointed new ones in their place. U Debindra Nath of the first party and two others were requested to help supervising the works of the Office. Gradually U Debindra Nath started having absolute control over the tolls and levies. He was prohibited from doing so.

(3.) THE Additional Deputy Commissioner has set out in his order the case of each of the parties. The first party's contention is that he took over charge of the office on the 18th November 1957 in pursuance of a decision arrived at by the Darbar Siem of the Cherra Siemship held on the 16th November 1957 which was subsequently confirmed by the Durbar Hima on the 17th September 1958. As the officer -in -charge of the office U Debindra Nath collected tolls and levies. This continued till the 12th November 1960 when the second party forcibly entered into the office by breaking open the locks of the office. The second party's contention was that any decision arrived at by the Darbar Hima not presided over by the Siem was not valid and would not bind the Siem.