TEKABA AO Vs. SAKUMEREN AO

JUDGEMENT

(1.) This appeal arises from a dispute between two clans of two villages in the Hill District of Mokokchung in North-Eastern State of Nagaland. The dispute between the two clans of the two villages is concerning the access to the source of water and the ownership of the suit land which is described as Jakoktsuba by the appellants and Mezenteraba by the respondents. Without going into greater details, it is sufficient to state that the appellants herein represent Sai (Soya) clan of Longkhum village and the respondents represent the Pongen clan of Mangmetong village.

(2.) The dispute to the water source and the land arose sometime in the year 1985 as the boundary pillars of the two villages were alleged to have been disturbed by some villagers.

(3.) At the outset, it may be stated that the civil rights to the water source and the land in the Hill District of Nagaland comprising the two villages mentioned above are not governed by any codified law contained in Code of Civil Procedure and the Evidence Act. The parties are governed by customary law applicable to the tribal and the rural population of Hill District of Nagaland. The customary law has been recognised by framing. Rules for Administration of Justice and Police in Nagaland, 1937 (hereinafter referred to as the Rules) by Governor of Assam in exercise of powers under S. 6 of the Scheduled District Act, 1874. The aforesaid Rules were amended in the years 1984 and 1989. The civil justice system provides for hierarchy of Courts. The lowest original village Court is called Dobhasis, which can try and decide civil cases referred to it by the Deputy Commissioner or Additional Deputy Commissioner or Assistant to the Deputy Commissioner, as the case may be. Dobhasis Court comprises of village authorities like Mauzadars Gaonbura, Chiefs and Headman of Khels with other village elders. The procedure in Dobhasis or village Court is less formal. The proceedings are viva voce. Efforts are required to be made under the Rules to abide by the decision of their Panchayats. An appeal is provided to District Customary Court and a further appeal can be filed to the High Court under R. 29. Rule 62(2) provides the procedure of these Village Courts and Customary Act, as under: