ELOTHUNG KITHAN Vs. YANKHOSAO ERUI

JUDGEMENT

(1.) This regular first appeal is directed against the judgment and decree dated 05.04.2016 passed by the learned District Judge, Wokha, Nagaland in T.S. No. 1/2013.

(2.) The plaintiff/appellant filed the suit (TS 1/2013) for declaration of title and other consequential reliefs. The case of the plaintiff was that the plaintiff and defendants belong to Kithan Clan. There was an earlier round of litigation between the plaintiff and defendants in respect of the present suit land, wherein, both the parties made rival claim of title over the suit land. The village court decided the suit in favour of the defendants. Against the decision of the village court, the plaintiff preferred an appeal before the Wokha Customary Court and the customary court upheld and confirmed the decision of the village court and thereby dismissed the appeal. Aggrieved by the decision of the customary court, the plaintiff preferred an appeal before the ADC (J), Wokha. The present defendants also filed an appeal before this court and this court while setting aside the impugned judgments passed by the village council as well as customary court, directed to file a fresh suit. Pursuant to the direction of this court, the present defendants filed T.S. No. 3/1996 before the Court of ADC(J), Wokha. However, the said suit was withdrawn by the defendants without any leave to file fresh suit. After withdrawal of the Title Suit No. 3/1996 filed by the defendant in the year 2005, there was no further proceeding.

(3.) It was stated in the plaint that late Hakao Kithan, father of the present plaintiff sold a plot of land measuring 30X15 sq. ft. to proforma defendant No. 8, Yanajamo Khuvung, on 15.01.1991 for a consideration of Rs.15,000/-. However, the defendants later on, claimed the said plot of land, which was sold by the father of the plaintiff, to be their own land and obtained Rs. 50,000/- from the proforma defendant No. 8 forcibly and re-sold the said land on 10.06.2013. By another Sale Deed dated 25.05.2013 executed by the Wokha Village 'B' Khel Echungmongrui Clan forcibly sold a plot of land measuring 30X35 sq. ft. to Sri Tsenjamo Tsopoe (proforma defendant No. 9). It was stated that the said land sold by Sale Deed dated 25.05.2013 was also a part of the suit land and as such, the plaintiff was entitled to get the aforementioned sale proceed. By Sale Deed dated 10.06.2013 executed by Wokha Village 'B' Khel Echungmongrui Clan forcibly sold another plot of land measuring 25X12 sq. ft. to Shri Nongothung Ezung (proforma defendant No. 10) located between PWD Office Road and Local Ground Road Wokha Town at a cost of Rs. 15,000/-. The land covered by the aforementioned sale deed dated 10.6.2013 was also a part of the suit land and the plaintiff was entitled to get the sale value of the said suit land. It was also stated that by another sale deed dated 18.11.1993, a plot of land was sold by the father of the present plaintiff late Hakao Kithan and one Sri Nchanimo Kithan representing the Kithan Clan to the proforma defendant No. 7, Sri Y. Ekyimo Ezung.