DIEZEPHE VILLAGE Vs. TSITHRONGSE VILLAGE

JUDGEMENT

(1.) Heard Mr. K. Meruno, learned counsel for the appellant and Mr. NK Luikhem learned counsel for the respondent.

(2.) By this appeal under the provisions of Rule 29 of the Rules for Administration of Justice and Police (3rd Amendment) Act of 1984 read with section 96 of the Code of Civil Procedure, the appellant has assailed the order dated 6.7.99 passed by the learned Additional Deputy Commissioner (Judicial), Dimapur in Eviction Suit No.1 of 1993.

(3.) The case in brief is that an Eviction Suit No. 1 of 1993 was filed by the respondent/plaintiff village against 6 persons of Diezephe Village, Dimapur (appellant village). In the said suit the plaintiff/respondent has prayed for: (1) A decree of eviction of the defendants from the suit land; (2) Delivery of physical possession; (3) Perpetual injunction; (4) Cost of the suit. The suit was contested by the defendants by filing written statement. On the pleadings of the parties, the following issues were framed: "1. Whether there is cause of action ? 2. Whether the suit is triable by customary Court according to Naga Customary Law and Practice ? And whether this Court has jurisdiction to try the present suit ? 3. Whether the suit is liable to be dismissed for non-joinder and mis- joinder of parties ? 4.Whether the plaintiff village is a Govt recognised village having its own demarcated boundaries ? 5. Whether the plaintiff or the defendants are having bonafide rights over the suit land ? 6. Whether the defendants are expanding their encroachment on the plaintiffs land ? 7. Whether the suit is barred by the law ? 8. Whether the defendants are liable to be evicted from the suit land ? 9. To what relief or reliefs the parties are entitled to."