K.A. MARIAMING MAWRI AND ANR. Vs. K.A. SIEM MAWRI AND LEITKOR MYLLIEM SYIEMSHIP

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree of the learned Judge, District Council Court, Jowai, in T.C. Appeal No. 9/79. By the said judgment the learned lower appellate Court reversed the judgment and decree passed by the learned Additional Subordinate District Council Court, Mylliem Syiemship in T.S. No. 6/62. It may be stated that this appeal was transferred from the learned Judge, District Council Court, Shillong, to the Court of the learned Judge, Jaintia Hills District Council Court, Jowai, due to inability of the learned Judge, District Council Court, Shillong to hear the appeal, vide order passed by this Court on 26.11.79 in Civil Reference No. 2 (SH)/79. The learned trial Court decreed the suit. But the learned lower appellate Court reversed the said decree. The present appeal has been filed under Clause 3 of the Assam High Court (Jurisdiction over District Council Courts) Order, 1954.

(2.) THE present dispute relates to two plots of land known as Ka Langkyrding and Ka Bhuin situated within Mylliem Syiemship. According to the Plaintiffs these two plots of land are clan land duly registered with Mylliem Syiemship in the name of the representatives of the clan. It has also been stated by the Plaintiffs that from time immemorial the members of the clans have been in peaceful possession. But recently the Defendant has sold some portions of the land and has also issued patta (lease) to different persons without the knowledge and agreement of the Plaintiffs. The Defendant has claimed herself as Ka Khadduh i.e. the youngest daughter. According to the Plaintiffs the Defendant knowing fully well that the above two plots of land being ancestral property cannot be sold, transferred or leased out without the knowledge and consent of the clan members has acted as stated above. It has also been pleaded that the Defendant alone has no right to be the sole owner of the ancestral property and she is only custodian of all ancestral property. A proceeding was initiated Under Section 145 Code of Criminal Procedure. The Plaintiff's have played for decree that the Defendant shall not sell, issue patta or transfer in any way and exercise the right of ownership alone over the two plots of land without the knowledge and consent of the Plaintiffs.

(3.) ON the pleadings the following issues were framed.