NINGOM AND ORS. Vs. SAMJAMANG, CHIEF

JUDGEMENT

(1.) THIS second appeal is by Defendants.

(2.) PLAINTIFF is the Chief of Tollen village and belongs to Kuki Tribe. The suit was file for declaration of title and eviction of the Defendants from the suit land. Plaintiffs has urged that he was the absolute owner of the said village for about 100 years since the time of his predecessors and according to custom of the Kuki Tribe the entire land of the village belongs to the Chief and the villagers are mere licensees. Plaintiff and his predecessor used to sale thatched grass and other forest produce and used to get Lambal (rent in cash or kind) for cultivation by outsiders within the village land, The description of the village land has been given. It has been pleaded that predecessors of the Plaintiff allowed a village known as Thingkangbung to be established within the above village of the Plaintiff and subsequently the Chief of the new village was also allowed to pay house tax separately. It has been alleged that in or about the month of April, 1969 Defendants forcibly started to occupy a portion of the village of the Plaintiff known as Momlouching by constructing dwelling houses and living thereon with their families without consent. The said land has been described in the schedule to the plaint and is the suit land. In view of the above dispossession, present suit has been filed.

(3.) THE learned trial court dismissed the suit which was reversed by the learned lower appellate court. Hence, the present appeal.