TOSHIHO ZHIMO Vs. KAHUTO ZHIMO

JUDGEMENT

(1.) The civil revision petition has been filed under Rule 32 of the Rules for Administration of Justice and Police in Nagaland (Third Amendment) Act, 1984 read with sec. 151 of the Code of Civil Procedure, 1908, challenging the Settlement Order dtd. 9/3/2010, passed by the Head Dobashi's (D.B) Court Satakha in the district of Zunheboto, Nagaland and the Settlement Order dtd. 20/4/2017, passed by the District Head Dobashi Court at Zunheboto, Nagaland.

(2.) Heard Ms. Z. Zhimomi, learned counsel for the petitioner and Mr. N.K. Luikham, learned counsel for the respondent.

(3.) Amongst the Sumi (Sema) tribe of Nagaland, the succession to the Office of the G.B ship is hereditary and this customary practice has also been upheld by the Hon'ble Full Bench of the Gauhati High Court in the case of Tukiye and Anr. Vs. A.D.C (J), Zunheboto and Ors., reported in 2019 (3) GLT(FB) 858. The Xuivi village has four G.B's, two from the Xuivi clan as asserted by the petitioner but opposed by the respondent, one from the Sai clan and the other from Ghuhepu clan. Lt. Xuivi the founder of the present Xuivi village under Satakha Sub-division in the district of Zunheboto, Nagaland had six sons namely; (1). Sakuto (2). Chevukhu (3). Vioto (4). Yiovi (5). Yikishe and (6). Lhokiye. The present petitioner comprises the descendants of the five sons of Lt. Xuivi excluding the descendants of Sakuto, the eldest son of Lt. Xuivi who are the respondent's herein. The issue in the present dispute is whether the two G.B ship of the Xuivi village excluding that from the Sai clan and the Ghuhepu clan commonly belongs to the Xuivi clan and is to be inherited by the descendants of each of the six sons of Lt. Xuivi on a rotation basis allowing the said descendants to don the mantle of the G.B ship of the village or whether one out of the two G.B ship exclusively belongs to Sakuto, the eldest son of Lt. Xuivi and is to be inherited only by his descendants. The petitioner's supporting the former proposition while the respondent favouring the later. It is also the case of the petitioner that the issue of common succession to the two G.B ship of the Xuivi clan has been decided by Xuivi Village Council on 14/8/1999 which however has been strongly objected to by the respondent on the ground that none of the descendants of Sakuto was heard while passing the purported order dtd. 14/8/1999. This dispute which was brewing between the petitioner and the respondent for quit sometime came out in the open in the year 2009 on the death of Phuhozhe Zhimomi G.B of Xuivi village, one of the grandson's of Lt. Sakuto. The descendants of the five son's of Lt. Xuivi (i.e. the petitioner) nominated Shri. K. Hekiye Zhimomi as the G.B in place of Lt. Phuhozhe Zhimomi while Lt. Sakuto's descendants nominated Shri. P. Kahuto Zhim-0omi, the present respondent as the G.B. Both the names nominated by the respective parties were submitted to the Sub-Divisional Officer (Civil), Satakha for appointment. The SDO (Civil), Satakha accordingly directed the Dobashi's (D.B) Court Satakha to adjudicate the dispute and to submit the report for further necessary action.