LAWS(GAU)-1991-4-14

TEMJENKABA Vs. TEMJENWATI

Decided On April 26, 1991
TEMJENKABA Appellant
V/S
TEMJENWATI Respondents

JUDGEMENT

(1.) This plaintiff's appeal is directed against the judgment and order dated 12-4-88 passed by the learned Additional Deputy Commissioner (Judicial), Mokok-chung, Nagaland, whereby the plaintiffs' suit was dismissed.

(2.) Briefly, the residents of village Dibuia, through their Gabhburah Sri Temjenkaba and others had on 18-2-75 filed the suit for declaration of their right to the land in suit described in the schedule and in the map, and for recovery of possession by eviction of the defendants the residents of village Waramong represented by Sri Temjenwati and others, on the allegation that the plaintiffs were the owners of the suit land and had title thereto which was declared by the Ao Tribal Council by judgment and order dated 16-1-53, that between 1955 to 1960 the defendant village people had occasionally encroached on the suit land and cultivated the land without authority despite objections raised by the plaintiffs. In view of the disturbed conditions in Nagaland, the matter was settled between the parties amicably. However, sometime in October, 1972 the villagers of the defendant's village started erecting 'keti-huts' and cultiva-tion of the suit land and they were still persisting in their illegal cultivation and occupation of the suit land. Hence the suit. The defendants had resisted the suit and denied all the allegations. The defendants pleaded that they have been in possession of the suit land since their village Warmong was established and that they had every right to possess the land. The suit was barred by limitation and was liable to be dismissed. The learned trial Court had framed the following issues : 1. Whether there is cause of action. 2. Whether the suit is maintainable in its present form. 3. Whether the suit is under valued. 4. Whether Ao Tribal Council was validly constituted under law. 5. Whether the suit in Range Council and Ao Tribal Council was identical to the present suit land. 6. Whether Gaon Bureas are competent to represent villagers in respect of the suit land. 7. Whether Waromong villagers have been possessing the suit land openly continuously and as of right for more than 15 years. 8. Whether the plaintiffs villagers en-croached upon the suit land in 1955 to oust the defendants. 9. Whether the suit is barred by limitation. 10. Whether the suit land is owned by the community a whole or individual villagers own their respective land. 11. Whether plaintiffs are entitled to mesne profit. 12. Whether the plaintiffs are entitled to the relief's sought for in the plaint.

(3.) The suit was earlier decided on 26-2-82. The defendants preferred an appeal and this Court by judgment and order dated 7-7-87 had set aside the judgment of the trial Court and remanded the suit for fresh consideration and decision in accordance with law. The suit was, thereafter, heard and dismissed by the judgment and order impugn-ed in this appeal.