MEGHALAYA INFRATECH PRIVATE LIMITED Vs. MARGARETH KHYRIEM

JUDGEMENT

(1.) Challenge in this petition filed under Article 227 of the Constitution of India is to the impugned order dated 07.12.2016 passed in T.S. No.2(T) of 2011 by the Assistant to Deputy Commissioner, Ri Bhoi District, Nongpoh allowing the petition filed by the respondent under Order VIII Rule 10 of the Code of Civil Procedure ( "CPC ") whereby written statement was declined to be taken on record and directed the suit to proceed for trial.

(2.) A few relevant facts necessary for the decision of the controversy involved as narrated in the petition may be noticed.

(3.) The plaintiff-respondent claims to be belonging to the Khasi Schedule Tribe Community and permanently residing at Nongmynsong, Shillong, East Khasi Hills District, Meghalaya. According to the plaintiff-respondent, on 12.07.2010 she had purchased land from Smti. Pristila Mynsong by executing a sale deed. She applied for change of mutation of the ownership which had been accorded by the Syiem of Hima Mylliem and land documents were issued in her favour vide letter No.MS/LI/ 54/2008-10, Registration No.37, dated Shillong, the 14.09.2010. The plaintiff-respondent got her property registered in the office of Sub- Registrar, Ri-Bhoi District at Nongpoh on 14.10.2010. The Schedule of land has been described in the plaint.