KHUMANTHEM AMU SINGH Vs. KHUMANTHEM ONGBI KHURAI DEVI

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dated 26.12.2012 passed in A.S.No.5 of 2005 whereby confirming the judgment and decree dated 11.3.2005 in O.S.No.4 of 1999 on the file of the Civil Judge (Senior Division) No.I, Manipur East. The appellants herein are the legal representatives of the original deceased plaintiff Khumanthem Amu Singh.

(2.) Brief facts is that the suit land measuring 0.65 acres under Patta No.78/91 covered by C.S. Dag No.1487 of Changangei Mayai Leikal, Imphal West, originally belonged to one late Tamor Singh and he died on 7.10.1948 leaving 5 sons viz., (i) Ibohal; (ii) Iboyaima; (iii) Singhajit; (iv) Shital and (v) Tombi Singh. Ibohal Singh died on 15.7.1968 leaving behind 3 sons viz., (i) Anganhal; (ii) Amu and (iii) Iboton and 4 daughters viz., (i) Shabi; (ii) Leiren; (iii) Mani and (iv) Nupimacha Devi.

(3.) After the death of Ibohal Singh, his sons Anganghal Singh, Amu Singh (plaintiff); Iboton Singh were allowed by other remaining heirs to inherit the suit land as the remaining legal heirs relinquished their share in favour of three sons. Anganghal Singh died in the year 1992 leaving behind the proforma defendants 6 to 12 as legal heirs. Iboton Singh died in the year 1991 leaving behind the principal defendants 1 to 5.