HOSAL TSUKRU, CHAIRMAN Vs. R SOPU ANGAMI, CHIECHAMA

JUDGEMENT

(1.) THIS appeal by the Defendant No. 6 in Title Suit No. 01 of 1995 has been filed challenging the order dated 10.12.2010 passed by the learned District Judge, Dimapur, Nagaland dismissing the application filed by the Appellant under Order IX Rule 13 of the Civil Procedural Code.

(2.) HEARD Mr. N. Mozhui, learned Counsel for the Appellant as well as Mr. C.T. Jamir, learned Senior Counsel for the Respondent No. 1/ Plaintiff. Also heard Mrs. Y. Longkumer, learned Addl. Senior Govt. Advocate for Respondent Nos. 2 and 3. I have also perused the impugned judgment as well as the trial court's records.

(3.) THE gist of the case is that the Respondent No. 1 herein filed a suit for declaration of his title over certain areas of land on the ground that the land was allotted to his brother long back in the year 1968. The Plaintiff is claiming his title by way of inheritance after the death of his brother. However, in the year 1989 vide letter dated 21.08.1989 the Revenue Department allotted some land to the 5th Mile Model Village situated at Dimapur and the land covered under the said letter dated 21.08.1989 was allegedly a part of the land allotted to the Plaintiff's brother in the year 1968. Hence, the Plaintiff is challenging the legality and validity of the order dated 21.08.1989 in the suit.