MRS. JUBILEE MOI Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri L. Sharat Sharma, learned counsel appearing for the petitioner, Shri D. Julius Riamei, learned counsel appearing for the private respondent and Shri N. Ibotombi, learned Addl. Advocate General, Manipur assisted by Shri A. Rommel, learned Jr. Government Advocate appearing for the State respondents.

(2.) The instant writ petition has been filed by the petitioner praying for quashing and setting aside the Government order dated 29 -05 -2009 issued by the Principal Secretary (Hills), Government of Manipur by which the Government order dated 25 -09 -2008 has been revoked with the consequential result that the earlier two Government orders dated 12 -02 -2004 and 05 -12 -2006 are restored in the interest of hill people.

(3.) According to the petitioner, Shri Langjachin established the Behiang village as its founder and Chief and had allowed Shri Tuanthong who hailed from erstwhile Burma (now Myanmar) to stay and live in the Behiang Village as permissive possessor and licensee along with some of his followers. As seen from the order passed by the SDO/SW, Shri B.C. Gasper in Case No. 43 SW of 1922 -23, the occupation of certain land by Shri Tuanthong in Behiang Village was confirmed and since then, the theory of Behiang (Langjachin) and Behiang (T) came into existence, although both were within Behiang Village. In a suit being Title Suit No. 26 of 1965 instituted by Shri Tongjapao & 34 others for a decree declaring them to be the sole owners of the suit land described in the schedule of the plaint, a judgment dated 21 -07 -1969 had been delivered by the Second Subordinate Judge, Manipur decreeing the suit ex -parte with costs that they were the sole owners of the said suit land. The said judgment dated 21 -07 -1969 was challenged by Shri Tuanthong Ngaite, one of the defendants therein by way of a Civil Appeal No. 54 of 1969 before the District Judge, Manipur who dismissed it on 09 -12 -1969 as barred by limitation. Thereafter, Shri Lianzamung Ngaite (on his death by his LRs), son of Shri Tuanthong Ngaite filed an Original Suit being O.S No. 2/70/29/70/38/70/92/72 before the Second Subordinate Judge, Manipur for declaring him as the rightful Chief of the Suit Land described in the schedule and for setting aside the decree in Title Suit No. 26 of 1965 which was dismissed by the learned Judge with cost vide its order dated 26 -11 -1973 which came to be challenged by Smt. Awizaching Ngaite, wife of Lianzamung Ngaite by way of a Civil Appeal No. 61 of 1973 which was also dismissed by the learned District Judge vide its order dated 28 -12 -1974. Being aggrieved by the said order dated 28 -12 -1974 of the learned District Judge, Smt. Awizaching Ngaite preferred another appeal being Appeal From Appellate Decree No. 3 of 1975 which was also dismissed on 22 -06 -1989 by the Hon'ble Gauhati High Court, Imphal Bench. Therefore, the said judgment dated 21 -07 -1969 passed by the learned Second Subordinate Judge, Manipur had attained its finality.