JAMKHOHEN Vs. JOSHEP

JUDGEMENT

(1.) THIS second appeal arises from the decree of the District Judge Manipur passed in CA No. 31 of 1972 affirming the decree and judgment passed by the Subordinate Judge Manipur in OS No. 53/71/46/72.

(2.) FACTS -the case of the Plaintiff - Appellant, in brief, was as follows. On his father's death, the Plaintiff succeeded to the Chiefship of the village Mokokching. He was a minor when his father died and, therefore, the Defendant - Respondent being his uncle was looking after the village as acting Chief. But the Defendant taking advantage of the minority of the Plaintiff surreptitiously without the knowledge and consent of the Plaintiff recorded his name in the Government record (Touzi Book) as the Chief of the village Mokokching. Therefore, the Plaintiff instituted the suit for declaration that he is the Chief of Mokokching village.

(3.) MR . Nilamani Singh, learned Counsel for the Appellant, has submitted that the finding of the learned District Judge to the effect that according to the custom of the Plaintiffs tribe (Kom Tribe) the Chiefship could be surrendered shall not be binding on the parties as the custom has not been pleaded nor issue has been framed. Mr. Imo Singh, learned Counsel for the Respondent, has contended that the proposition of law submitted by Mr. Nilamani Singh shall not be applicable to the facts of this case.