U MISTIR WALLANG NONGSEH Vs. KA EPHREBAN WALLANG NONGSEH

JUDGEMENT

(1.) THIS petition of revision arises out of a complaint case No. 20/S.T. of 1951. The petitioner, U Mistir Wallang Nongseh, was the accused.. The complaint against him was that he had been guilty of offences under Sections 193, 404, 408 and 424, I. P. C.

(2.) THE petitioner before us who was the accused in the court below has stated in his affidavit that Ka Don had one daughter. Petitioner was her son. She was the nearest relative of the deceased U Rang Myllung, His mother left no daughter. Ka Don succeeded to the property. U Rang Myllung managed the property of the late Ka Don and on her death, Ka Tyrep, her daughter. During the life -time of U Rang Myllung, he and the said Ka Don jointly transferred some land. After Ka Don's death, Ka Tyrep and U Rang Myllung also transferred some land. Ka Ephrebon Wallang, the complainant was the wife of a Sub -Inspector of Police. She had no house or land within Nongkhlaw State. The complainant was not in any way related to U Rang Myllung, the deceased. According to the petitioner, Ka Tyrep now is exclusively entitled to the property and complainant has no right or title in it.

(3.) THE case for the respondent (complainant) is that she is the heir of the deceased, U Rang Myllung. This claim is disputed. The position of the accused is that the property did not belong to U Rang Myllung. There is thus a serious dispute about the right of succession. The question involves an enquiry into not only facts but possibly the custom applicable to the parties. This obviously is a matter which is more appropriate for decision by a Civil Court.