MICHAEL ZIMIK Vs. NGATHINKHUI SHINGNAISUI

JUDGEMENT

(1.) This second appeal, under Sec. 100 CPC, arises out of the concurring judgment dtd. 6/9/2017 of the Ld. District Judge, Imphal East, in Civil Appeal No. 1 of 2017, confirming the judgment dtd. 9/12/2016 of the Ld. Civil Judge (Junior Division), Imphal East, in Original Suit No. 1 of 2015/O.S.(Dcl.) No. 19 of 2015. Twice unsuccessful, the plaintiff in the suit is the appellant. He filed the said suit for a declaration that he was the owner of the land described in Suit Schedule B and seeking a permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment thereof.

(2.) The plaintiff's case was as follows: Ngazek Zimik, his grandfather, was the owner and possessor of the Suit Schedule A hill land situated at Awungtang Village. Suit Schedule B land is a portion of Suit Schedule A hill land, lying towards the west, which is a little larger than half of the entire land. On the death of Ngazek Zimik, his son, Z. Philip Siluiwung, inherited the Suit Schedule A land. Around the year 1982, one S. Shingnaisui tried to encroach upon the southern portion of the suit land but he was prevented from doing so. S. Shingnaisui, however, sold the suit land to the defendants, his relations. The plaintiff got married in the year 1993 and at that time, his father, Z. Philip Siluiwung, gifted the Suit Schedule - A land to him. The plaintiff claimed that he constructed his house thereon and was in possession. He further claimed that he came away to Luiyainaotang Village leaving the Suit Schedule A land in the care of his cousin, Z. Wungmayum. While so, the defendants started digging the suit land in March, 2015, constraining him to institute the suit.

(3.) The case of the defendants: They are the absolute owners of the suit land, having purchased the same from late S. Shingnaisui, the eldest son of late S. Maham, who was none other than their paternal grandfather. The present suit was barred by the principle of res judicata as the plaintiff's father had earlier filed Civil Suit No. 13 of 1962 against late S. Maham, claiming to be the owner of this very same land, and the said suit was dismissed, by order dtd. 29/8/1967, holding that the plaintiff's father had failed to prove his title. The plaintiff's father thereupon filed Civil Appeal No. 65 of 1967 before the District Judge, Manipur, and the same was dismissed on 9/9/1969. Second Appeal No. 37 of 1969 was thereupon filed by the plaintiff's father before the Judicial Commissioner for Manipur but this appeal was also dismissed as not pressed, by order dtd. 11/8/1971.