U.F. SIEM Vs. U. LEBANON KHERKONGOR

JUDGEMENT

(1.) THIS is a petition under Section 439, Cri.P.C. The relevant facts are that the Burrabazar Market is situated within the town of Shillong. Within the market there is the Mylliem Siemship Police Station building. The property belongs to the siemship of Myiliem. U Jormanik was the Siem of Mylliem, appointed by the Governor of Assam under paragraph 19 of the Sixth Schedule to the Constitution. His appointment was approved by the District Council of United Khasi and Ja;ntia Hills. On 7th July 1959 the Executive Committee of the said District Council suspended U Jormanik with effect from 8th July 1959 and appointed one U Jum Singn as Acting Siem. The suspension order was challenged. By an order of the Supreme Court dated the 20th September 1960 the order of suspension dated the 7th July 1959 was held valid.

(2.) MR . Ghose for the petitioners contends that the dispute as regards the Siemship and the consequsnt right to manage the market is finally settled by the Supreme Court. There was thus no dispute in existence regarding an immoveable property and the question of passing an order under Section 145, Cri.P.C. did not arise. He secondly urged that the opposite parties claimed possession through the previous Siem and not in their own independent right. When the acting Siem appointed the other petitioners to manage the market and the validity of the appointment of the acting Siem could not be disputed, the petitioners had right to get possession and the right to remain in possession claimed by the opposite party could not be recognised.

(3.) THE admitted facts are that U Jormanik was the Siem of Mylliem. His appointment by the Governor was approved by the District Council, United Khasi -Jaintia Hills. On the 7th July 1959 the Executive Committee of the District Council suspended U Jormanik with effect from the 8th July 1959 and appointed U Jum Singh as acting Siern. The order of suspension was challenged and ultimately the Supreme Court by its decision dated the 20th September 1960 : AIR 1951 SC 276, T. Cajee v. U. Jormanik Siem declared that the order of suspension dated the 7th July 1959 was valid.