SARANGTHEM TONSANA SINGH Vs. SARANGTHEM KALACHAND SINGH

JUDGEMENT

(1.) THIS is an appeal by the defendant against the judgment and decree of the District Judge, Manipur, Imphal, in C. A. No. 72 of 1967, whereby he decreed the plaintiff's suit reversing the decree of the trial Court.

(2.) THE plaintiff's case, in brief, was that his grand -father Sarangthem Chaoba Singh, was the owner of the suit land and he made a gift of the same in favour of the plaintiff under a registered instrument on 14 -2 -1962, being satisfied with his services. After the said gift, the plaintiff prayed for mutation of his name in the record of rights before the Assistant Settlement and Survey Officer, but the latter refused the mutation. In the meantime, the defendant, who is his paternal uncle, dispossessed him from the land on or about 14 -11 -1961, taking advantage of the fact that he held some receipts for payment of revenue in respect of the suit land, which he had paid as an agent of his father. Under the circumstances, the plaintiff filed the suit for declaration of his title to the suit land and for recovery of possession.

(3.) UPON the pleadings, several issues were framed including the following issues which were issues Nos. 3, 4 and 5 respectively: