LAIRENMAYUM RASHMANDAL SINGH Vs. KHWAIRAKPAM JAYENTAKUMAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 30.12.2006 passed by the learned Addl. District & Sessions Judge (FTC), Manipur East in Civil Review Case No. 4 of 2005.

(2.) THE appellant had filed Original Suit No. 28/94/20/2002 in the Court of learned Addl. District & Sessions Judge (FTC), Manipur East for declaration that plaint schedule A land is his inherited and ancestral homestead land and also for eviction of the present respondents who were defendants in the suit from plaint Schedule B land which comes within Schedule A land. The further prayer in the plaint was to declare khas possession of the appellant over the suit land.

(3.) THE defendants -respondents in their written statement denied the allegation made in the plaint. It was the case of the respondents that under a mutual agreement between Cheiteina Singh and Iboton Singh, Schedule A land was devided between the surviving sons of late Manik Singh. According to the custom, Iboton Singh, father of the plaintiff -appellant possessed northern half of the schedule A land, whereas, late Cheiteina Singh possessed southern half. Tharongoubi Devi inherited the said southern portion of land after death of Cheiteina and the defendants -respondents being heirs of Tharongoubi Devi are the owners of the southern half of the Schedule A property. The defendants -respondents also filed a separate counter claim for declaration that the southern half of the Schedule A land is their inherited property and also for demolition of the structures indicated in the Schedule B of the counter claim and for declaration that they are in khas possession of southern portion of Schedule A land.