GHOKISHE CHOPHI Vs. YELUHE CHOPHI

JUDGEMENT

(1.) Heard Mr. NK Luikham, learned counsel for the petitioner and Mr. A. Zhimomi, learned counsel for the respondent.

(2.) Briefly stated the case is that, the petitioner and the respondent belongs to the Naga tribe and govern by the customery laws and usages of Sema Naga, especially regarding the immoveable landed property. The petitioner and the respondent are also closely related and descending from the same great great grand father and great great grand mother.

(3.) In 1978, the respondent had sold a portion of land to one Shri Yehekhe without the knowledge of the petitioner. He has sold the land as he wants to buy Rice Mill Machine. When the petitioner approached the respondent and raised objection, the respondent promised to give another land in lieu of the petitioner's land. The said promise was not carried out by the respondent, and having no alternative, the petitioner brought the matter to the notice of the Village Council, and the Village Court, by order dated 15.9.99 pronounced that the land sold by Yeluhe (respondent) belongs to great grand father of the petitioner which is not a common or joint property of the Clan. Against the said order of the Village Court/Council, the respondent herein preferred an appeal before the D.Bs Court and the D.Bs Court by Settlement Order No.Jud.6/ 98/99, Case No.6 dated 24.11.99 decided that, since the parties belongs to the same great grand father they should live as one family in between themselves as per the wishes of all the parties and settlement directed to live, own and enjoyjointly as before.