U. LAMBHA SHALLAM AND OTHERS Vs. KA LARIDA SHALLAM

JUDGEMENT

(1.) This revision petition is directed against the judgment and decree dated 30.9.86 passed by the learned Judge of District Council Court, Jaintia Hills Autonomous District Council, Jowai in T.C. Appeal No. 2 of 1986 affirming the judgment and decree dated 11.3.86 passed by the learned Presiding Officer, Subordinate District Council Court at Jowai in Title Suit No. 9 of 1980.

(2.) Plaintiff-respondent instituted Title Suit No. 9 of 1980 against the defendant No. 1 and 2 for declaration of right, title and interest over the suit land and for eviction of the defendants therefrom.

(3.) Plaintiff's case in brief was that her mother late Ka Tein Shallam was the keepers of the 'lungblai' of the plaintiff's family including that of the defendant No. 1 during the previous years. Late Ka Mut Shallam of Luiongkjam, Jowai was the keeper of 'lungblai' and that during her life time late Ka Mut Shallam with the knowledge and consent of all, concerned made a gift of the house along with the suit land to her mother Late Ka Tein Shallam. The deed of gift was executed and registered in the Court in the year 1933. Since that time the site of the compound had been in her possession. In the year 1977 the defendant No. 1 U. Lambha Shallam requested the plaintiffs to allow her to construct a house for rice mill temporarily in the western side of the building site and as the defendant was closely related, he was allowed to do so on the understanding that defendant No. 1 would vacate the house as soon as he found a convenient place for his rice mill. In Dec., 1978 plaintiff while she was making demarcation of the building site by erecting posts but the defendant No. 2, the father of the defendant No. 1, obstructed and drove away the plaintiff labourers from the site. Thereafter the plaintiff instituted a suit in the Village Court at Jowai in Jan., 1979 against the defendant No. 1 and 2. The suit was ultimately transferred to the Court of the learned Subordinate District Council Court, Jowai. Defendant No. 1 and 2 contested the suit by filing joint written statement. Defendants contended that after the original 'lungblai' was dismantled and removed from the suit land new 'lungblai' was founded in the house where the plaintiff was residing at that time and the mother of the plaintiff Late Ka Tein Shallam was allowed to perform religious ceremony. Late Ka Jri Shallam, mother of defendant No. 1 and successor of Late Ka Mut Shallam was too young to perform the religious ceremonies. After the present 'lungblai' was founded the suit land was inherited and looked after by Late Tein Shallam with the help of her brothers. During the life time of Late Ka Jri Shallam, she allowed one Ka Bih Lamare to occupy the suit land. After the death of late Ka Tein Shallam the said Ka Bih Lamare was asked to vacate the suit land by Ka Lorida and their uncle U. Kison Shallam. She contended chat neither the plaintiff nor her late mother performed the religious ceremonies for about a decade. Defendants also denied that Ka Mut Shallam died in the original 'lungblai' and according to them, she died in the 'lungblai' founded in plaintiff's mother house. The suit land being an ancestral property, Late Ka Mut Shallam had no right to execute the deed of gift in respect of the suit land owned and possessed by Late Ka Jri Shallam and after her death her youngest daughter Ka Lorida Shallam defendant No. 3 inherited the suit land. Defendants have also contended that defendant No. 1 constructed the house for installing a rice mill in the year 1974 after obtaining permission from his youngest sister Ka Lorida Shallam. They denied the statement that defendant No. 1 took permission from the plaintiff to construct of the house for the rice mill on the suit land. Defendant No. 3 was impleaded as per order of the Court. She also contested the suit by filing written statements supporting the contention of the defendant No. 1 and 2.