ROBERT MARBANIANG S/O SMTI D MARBANIANG R/O LOWER MAWPREM SHILLONG MEGHALAYA Vs. RAMONA R MARAK R/O BYRNIHAT ROAD MARWET BYRNIHAT MYLLIEM SYIEMSHIP

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been preferred against the order dated 17.10.2011 passed by the learned Presiding Officer, Subordinate District Council Court, Shillong, in Title Suit No.25 of 2005. By the impugned order, the learned Court refused to exercise its discretionary power under Order 12 Rule 6 CPC.

(2.) The petitioner as plaintiff filed Title Suit No.25 of 2005 claiming his right, title, interest and possession over a piece of land measuring 87.750 Sq ft more or less situated at 13 th Mile GS Road Jorabat under Byrnihat PS. He claimed the right, title and interest over the land on the basis of a registered Sale Deed executed in his favour on 21.9.1994. He alleged that on 5.12.1996 the respondent along with others trespassed into the suit land and thereafter continued interfering in the peaceful possession of the suit land by the plaintiff. Hence he filed the suit along with a petition for interim injunction which was registered as Misc Case No.15 of 1996. the ex-parte interim injunction granted in favour of the petitioner-plaintiff was however vacated after hearing the parties. The petitioner thereafter approached this Court against the order passed in Misc Case No.15 of 1996 and this Court passed an order in favour of the petitioner.

(3.) The defendant-respondent in her reply to show cause in Misc Case No.15 of 1996 as well as in the Title Suit admitted that the defendant has no claim whatsoever over the land of the plaintiff. According to the defendant, the plaintiff s land for which he has claimed right, title, interest and possession is situated at Jorabat whereas the defendant has her right, title and interest over the land situated at Byrnihat. The defendant alleged that the plaintiff with an intention to grab the land of the defendant has misused the legal process. The defendant also alleged that the cause of action i.e. the incident as referred in the plaint occurred on the land of the defendant. In fact the plaintiff encroached and trespassed into the land of the defendant and there was no cause of action over the plaintiff to file the suit against the defendant.