GAIPUINING GANGMEI; MAKUDUN GANGMEI; POUTHAILUNG KAMEI; KHANGLIANLUNG KHUIGAI KAMEI; GUANGKHIANGLUNG PANMEI; GAITHANGLUNG GOLMEI; KAGUNTHAI GOLMEI Vs. MONTHABIPOU MONTHA KAMEI

JUDGEMENT

(1.) This appeal preferred under Order XLIII Rule 1(r) of the Code of Civil Procedure is directed against the order dated 1.3.2016 passed by learned District Judge, Bishnupur in Misc Civil Appeal No.1 of 2015 whereby and whereunder the learned District Judge, while setting aside the order dated 29.5.2015 passed by Civil Judge, Sr.Divn, in Judl Misc Case No.2 of 2013 (arising out of O.S.No.1/2012/22/2012 did hold that the appellant/plaintiff had been functioning as Khullakpa of the Village, Raengdailuang.

(2.) Before adverting to the submissions advanced on behalf of the parties, the facts of the case need to be taken notice of, which are as follows:

(3.) The case of the plaintiff-respondent as has been made out in the title suit is that the village Sadu Koiroi (presently known as Raengdailuang) was established about two hundred years ago by the great great grandfather of the plaintiffrespondent, who belong to Montha Kamei clan of Kabui community whereas defendant who are from other clans had come from other place and had settled in the said village. Further case is that under the customary laws of Kabui or Jeliangrong of the said village, the eldest surviving male member of the said clan inherits the post of Khullakpaship. Accordingly, after the death of the chief namely, Pouchalung Kamei on 25.4.2008 the plaintiff being the eldest male member of the said clan inherited chiefship.