SONAR CHAND SINGH NGANGOM Vs. NGANGOM MIR

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dtd. 19/4/2018 passed by the learned Civil Judge (Senior Division), Imphal West in Judicial Miscellaneous Case No.157 of 2018 in O.S.No.55 of 2015. The first respondent herein is the applicant in J.M.C.No.157 of 2018.

(2.) Heard learned counsel for the petitioner. Though the first respondent filed affidavit-in-opposition, despite several opportunities being afforded to him, he has not been represented either in person or through his counsel.

(3.) In the affidavit-in-opposition, the first respondent stated that the homestead land under Patta No.89/7/417, Imphal West Tahsil now Patta No.89/417(Old)678(New) was recorded in the name of (i) Ngangom Jugindra Singh of Lalambung and (ii) Lamabam Kala Singh of Lamabam Leikai in the year 1959 in C.S.Dag No.152 of Village No.89-Lalambung measuring .62 acre as co-pattadars and they possess the same as owner pattadar thereof ever since without any interruption from any quarter whatsoever. After the death of the said two co-pattadars the names of their legal heirs were entered in the record of rights of the said land as co-pattadars and the northern half of the said homestead land has been in possession of (i) Ngangom Mohendra Singh; (ii) Ngangom Birijit Singh; (iii) Ngangom Jitendra Singh and (iv) Motimala Ngangom jointly. The southern half has been in possession of the legal heirs of the deceased Lamabam Kala Singh. It is stated that the said homestead land is not yet been partitioned amongst the legal heirs of deceased Lamabam Kala Singh and Ngangom Jugindra Singh and as such the preparation of separate Jamabandi in the names of the co-pattadars is illegal and deserves to be cancelled. The first respondent along with his family members possess the northeastern portion of the said homestead land measuring an area of 0.0251 hectare of land as owner and have constructed dwelling houses therein since the life time of his father without any interruption from any quarter and the petitioner is a necessary party to the suit. It is stated that the prayer for impleading a person cannot be resisted on the ground that no relief has been sought against him and on the other hand, the suit land mentioned in the suit is the area where the first respondent along with his family members are residing and as such very much connected with him.