KIEWSHAP WAR Vs. DORBAR OF MAWSMAI NONGTHYMMAI ELAKA

JUDGEMENT

(1.) By way of the present revision petition the petitioner assails order dated 19.08.2016 passed by Presiding Officer, Subordinate District Council Court, Shillong in Misc. Case No. 1 (T) 2015 whereby the application under Section 151 C.P.C. filed by the respondents herein was allowed. The petitioner has also challenged order dated 08.11.2016 passed by learned Judge, District Council Court, Shillong in Misc. Civil Appeal No. 8 of 2016 whereby the appeal filed by the petitioner was dismissed.

(2.) Brief facts of the case as born out from the petition are that the respondents herein (respondents in the original suit) filed a suit for declaration bearing T.S. No. 1 (T) of 2014 seeking declaration, with respect to the suit land described in the ScheduleB of the Plaint, that the suit land is community land and that the petitioner (defendant in the original suit) has no right to occupy the same. The respondents herein also prayed for cancellation of the deed of declaration dated 05.07.2010.

(3.) Alongwith the suit, the respondents herein also moved an application under Order 39 Rule 1 and 2 C.P.C. bearing Misc. Case No. 2 (T) 2014 and an order of ex-parte ad-interim injunction was passed on 13.10.2014. The said application under Order 39 Rule 1 and 2 C.P.C. was disposed of vide order dated 21.11.2014 and the order of interim injunction dated 13.10.2014 was modified to the extent that the petitioner herein was allowed to run his business in the land described as Schedule-A without making any changes or altering the nature and character of the suit land, he may beautify his shop within the boundary of the shop premises for the purpose of attracting the tourist. It was also directed that the petitioner shall not erect any boundary or make any concrete constructions which may alter the nature and character of the suit land. The petitioner was restrained from entering into and interfering with the possession of the applicants (respondents herein) over the suit land described in Schedule-B and from transferring or alienating the suit land.