RAM SUNDER DEVI Vs. LUCY SAWKMIE AND ORS.

JUDGEMENT

(1.) THE brief facts of the case in a nutshell is that the petitioner has filed this application for transfer of Title Suit No. 1 of 2007 from the Subordinate District Council Court, Shillong, to the general competent Court, Nongpoh. The Respondent No. 1 filed the said Title Suit against the Respondent No. 2 for declaration of her right, title and interest and also for permanent injunction in respect of the land measuring about 20,000 Sq.ft of 9th Mile, Baridua. Along with the said Title Suit, the respondent No. 1 also filed an application for grant of temporary injunction which was registered as Misc Case No. 1/2007. The temporary injunction was granted on 05.10.2007 restraining the respondent No. 2, her agent or any person acting through or under her from entering into the suit land and from interfering with it from any manner. The respondent No. 1 claimed the land of the petitioner also and enforced the said injunction dated 5.10.2007 order against her and she was not allowed to construct the house over her land. The petitioner tried to be impleaded in the said Title Suit but she was not allowed by the District Council Court on the ground that she being non tribal she could not be impleaded in the said Title Suit. The petitioner has been suffering on account of the said injunction order. Unless the said Title Suit is transferred to the general competent Civil Court, she will not be able to get any relief. As such, the transfer of the said case from the Subordinate District Council Court, Shillong, to the general competent Civil Court, Nongpoh, is necessary for ends of justice. Hence this Transfer application.

(2.) MR . P Upadhaya, learned counsel for the petitioner submitted that initially a Title Suit was initiated before the Court of the District Council, Shillong, where both the parties were tribal. Subsequently, the petitioner tried to implead herself into the suit as she has got certain interest on the said Title Suit, but the same was rejected on the ground that the petitioner is a non tribal and District Council Court can adjudicate matters only between tribals. Being aggrieved by this order the petitioner approached the then Hon'ble Gauhati High Court, but the matter remained undecided. The learned counsel contended that as per Section 7 of the High Court of Meghalaya (Jurisdiction Over District Council Courts) Order, 2014, the High Court has the power to transfer the Suit from one Court to another or to any other Court. However, he could not place any citation on the matter.

(3.) AFTER hearing the submissions advanced by the learned counsels for the parties, and after considering the provisions of Rules for Administration of Justice and Police in the Khasi and Jaintia Hills, 1937, it is no doubt a fact that when a dispute arise between two tribals in an autonomous area, the matter is to be tried by the District Council Court. But, the question remains that since the petitioner want to implead herself in the case, whether she can be refused to be impleaded as one of the party because she has got the interest over the said Title Suit pending before the District Council Court? If she is not allowed to be impleaded in the Title Suit pending before the District Council or the case is not transferred to the normal Civil Court then she will have no place to get remedy and she will remain remedy less. In my considered view, no one can be remedy less before the Court of law. There must be remedy somewhere. The peculiar system of law prevailing in the State of Meghalaya, cannot be a hindrance for anyone to be remedy less. The Meghalaya High Court Rules, 2014, adopted a chapter under the caption of High Court of Meghalaya (Jurisdiction Over District Council Courts) Order, 2014. While going through Section 7 of the said Chapter, it is understood and clear that High Court has power to transfer a case from one Court to another Court to meet the ends of Justice. The said Section is reproduced herein below for ready reference: