SANGLAKPAM NINGOL ADHIKARIMAYUM ONGBI IBEMCHA DEVI Vs. NINGOMBAM MANI SINGH

JUDGEMENT

(1.) This appeal by the defendants is directed against the judgment and decree passed by the learned Additional District Judge, Manipur, Imphal, in Civil Appeal No. 71/52 of 1970 dated 27-2-1971, by which the judgment and decree passed by the learned Munsiff III, Manipur, Imphal, in O. S. No. 17 of 1969 dated 16-4-1970 was affirmed. From the pleadings of the parties the brief narration of the fact emerges as follows:

(2.) The plaintiff Shri Ningombam Mani Singh, instituted a suit on 14-7-1969 in the Court of Munsiff III. for evicting defendant No.1 Sanglakpam Chandrabi Sharma, son of late Nilakrishna Sharma, defendant No. 3 Sanglakpam Ningol Adhikarimayum Ongbi Ibemcha Devi, wife of Borthakur Sharma, and defendant No. 4 Sanglakpam Ongbi Angatombi Devi, wife of late Tomba Sharma and any one claiming through or under them from the suit land which is the southern half of the homestead land under patta No. 51/28 I.E.T. comprising Dag No. 239 measuring 1 B. 3 K. altogether situated in Khongman village No. 51 within the Imphal East Tahsil. The suit land has been recorded separately in the present Survey and Settlement operation of 1964 in the name of the plaintiff as the owner-pattadar under new patta No. 51/ 172-I.E.T. comprising C. S. Dag No. 448 having an area of 25 acre. According to the plaintiff, the homestead land under patta No. 51/28 I.E.T. (old) comprising Dag No. 239 (old) with an area of 1 B 3 K. originally belonged to and stood in the name of Shri Sanglakpam Nilakrishna Sharma who died about 20 years ago leaving behind two sons, who were the defendants Nos. 1 and 2 as his legal heirs and other relatives the defendants Nos. 3 and 4 who were his sister and mother respectively. The plaintiff purchased the southern half of this homestead land from the defendants Nos. 1 and 2 under a registered sale-deed dated 18-7-1964, in pursuance to an oral agreement of sale dated 31-10-1963 by paying a price of Rs. 1.000 to the said defendants. At the time of the said purchase there was one house belonging to the defendant No. 3 lying in the southern side of the suit land and another house belonging to defendant No. 1 encroaching partly on the suit land and lying on the north-western side thereof, where the defendants Nos. 1 and 4 were living. The plaintiff further alleged that the defendants Nos. 1, 3 and 4 requested him at the time of his purchase of the suit land to allow them to reside in those houses for three years so as to enable them to construct their own houses in the remaining portion of the aforesaid homestead land lying adjacent to the north of the suit land. On the refusal of these defendants to vacate the suit land with removal of their houses despite the plaintiff's repeated request, he instituted the present suit for their eviction and recovery of possession of the suit land with the removal of their houses and for mesne profit at the rate of Rs. 100 per annum from the date of suit till the recovery of possession.

(3.) The defendants Nos.1 and 2 did not contest the suit, but filed a written statement dated 17-10-1969 averring that the suit land was sold by them to the plaintiff for a price of Rs. 1,000 and that the plaintiff became the owner thereof with his name recorded as pattadar of the new patta No. 51/172 I.E.T. partitioned from the old patta No. 51/28 I.E.T. and further that they executed the registered sale deed dated 18-7-1964 in pursuance of the agreement of sale dated 31-10-1963.