DONUSH SIANGSHAI Vs. AMOS DKHAR

JUDGEMENT

(1.) The petitioner by way of this application under Clause 6 of the High Court of Meghalaya (Jurisdiction over District Council Court) Order 2014, has put a challenge to the order dtd. 11/2/2022, passed in T.S. No. 53 of 2017 by the Presiding Officer, Sub-ordinate District Council Court, Khasi Hills Autonomous District Council Court, Shillong, whereby the Suit of the petitioner/plaintiff has been dismissed on the plea of lack of jurisdiction raised by the defendant/respondent.

(2.) The petitioner as plaintiff had filed a Suit being Title Suit No. 9 of 2015, thereafter re-numbered as T.S. No. 53 of 2017, praying for a decree for registration and transfer of the suit property as per the schedule described in Para-21 of the Plaint, located at Bhagyakul, Laitumkhrah under a lease issued by the Deputy Commissioner, Shillong.

(3.) After institution of the Suit in 2015, and after written statements had been filed, the defendant (respondent herein) filed an application on August, 2019 under Order 7 Rule 11 of the CPC, praying for dismissal of the Suit on the ground of lack of jurisdiction. Thereafter the Trail Court, by the order dtd. 11/2/2022 on the basis of the judgment rendered by the Hon'ble Supreme Court in the case of Kyntiew Akor Suchiang v. Woston Hynniewta reported in (2017) 13 SCC 483 and of the Gauhati High Court in th State of Meghalaya v. Richard Lyngdoh reported in (2006) 2 GLR 328, dismissed the Suit for lack of jurisdiction. Being aggrieved as such, the petitioner is before this Court by way the instant revision application.