U BERNARD KURBAH Vs. KA BERNADETTE MARY KURBAH

JUDGEMENT

(1.) THE legality and validity of the judgment dated 18.07.05 passed by the learned Judge, District Council Court, Khasi Hills, Shillong in Title Civil Appeal No. 2 of 2004 (in short TCA No. 2/2004) affirming the judgment and decree dated 16.07.04 passed in Title Suit No. 2 of 1989 (in short T.S. No. 2 of 1989) by the Presiding Officer, Subordinate District Council Court, Shillong have been called in question invoking power under Order 6 of the Assam High Court (Jurisdiction over District Council Courts) Order 1954 before this Court under revisional jurisdiction.

(2.) HEARD Mr. S. Sen, learned counsel appearing for the petitioner. Also heard, Mr. C. H. Mawlang learned counsel for the respondents.

(3.) ON receipt of summons the defendant had entered appearance and contested the suit by filing written statement contending inter alia taking the usual pleas as provided under Order 8 of the Code of Civil Procedure relating to maintainability of the suit, misconceived, no cause of action for the suit, barred by limitation, estoppel, waiver and acquiescence, etc. The Pleadings set forth in the written statement is that the plaintiff No. 1 is the only daughter of late Sorsimai Kurbah who was the youngest daughter of late Ka Shilak Kurbah but the plaintiff No. 1 is not the legal heir of all the properties left behind by late Ka Shilak Kurbah and Ka Sorsimai Kurbah but admitted that the house in which the defendant resides was the landed property of late Ka Shilak Kurbah and late Sorsimai Kurbah, the boundaries of which has been given as follows: North : PWD Road East : PWD Road,Shillong-Mawphlang South : Land of U. Bernard Kurbah West : Land of Ka Theresia Rani and the boundaries therefore claimed by the plaintiff in her plaint are not correct.