LAWS(MEGH)-2016-9-35

KIEWSHAP WAR Vs. DORBAR OF MAWSMAI NONGTHYMMAI ELAKA, REPRESENTED BY ITS SECRETARY, BITLANG SOHKLET, S/O MERINGTON NONGRUM; RIJIED SINGH HYNNIEWTA, S/O (L) WILLY KHARSHING; KENES SINGH KHONGWAR, S/O (L) N KSHIAR

Decided On September 27, 2016
Kiewshap War Appellant
V/S
Dorbar Of Mawsmai Nongthymmai Elaka, Represented By Its Secretary, Bitlang Sohklet, S/O Merington Nongrum; Rijied Singh Hynniewta, S/O (L) Willy Kharshing; Kenes Singh Khongwar, S/O (L) N Kshiar Respondents

JUDGEMENT

(1.) Heard Mr. S.P.Mahanta, learned Sr. Counsel, assisted by Ms. S.Pde as well as Mr. H.S.Thangkhiew, learned Sr. Counsel, assisted by Mr. P.Nongbri.

(2.) Learned Sr. Counsel, Mr. S.P.Mahanta submits that the petitioner has 40000 sq.mtrs of land at Madan Synrangskei, Mawsmai and has been enjoying the said land for quite some time, but to the utter surprise of the petitioner, respondents entered the land of the petitioner and occupied the said land with the intention to construct a viewpoint on the land of the petitioner.

(3.) The respondents also approached the Court of the Assistant to Deputy Commissioner, Sohra and obtained a stay vide order dated 21-11-2014 passed in T.S. No.1 (T) of 2014. Thereafter, the case was transferred to the District Council Court, Shillong as both the parties belong to the tribal community.