LAWS(GAU)-2014-11-45

NGULHOULIE METHA Vs. HARILAL

Decided On November 21, 2014
Ngulhoulie Metha Appellant
V/S
HARILAL Respondents

JUDGEMENT

(1.) By this writ petition filed under Article 227 of the Constitution of India, the petitioner is praying for the following reliefs:-

(2.) In the year 1997, the respondent and the petitioner jointly, purchased a plot of land measuring about 9,150 sq.ft. at Kezieke, Kohima (hereinafter being referred to as the suit land), from one Shri Neitsulie Hesso, for a consideration of Rs. 90,000/- (Rupees ninety thousand) only, with the understanding that the land would be shared equally between them. However, the Sale Deed dated 14.7.97, in respect of the suit land, has been executed between the petitioner and Shri Neitsulie Hesso, the seller.

(3.) The contention of the petitioner is that he has allowed the respondent, being the adopted son, to construct temporary residence in the suit land. But taking advantage of the same, the respondent started claiming title over the suit land. The petitioner, therefore, disowned the respondent as his adopted son and the same was intimated to the Chairman, Seiyhama Village Council. Thereafter, the petitioner has filed a complaint before the North Block Panchayat, Kohima in connection with the disputed suit land which was registered as Case No. 2/2004. The Panchayat, instead of deciding the dispute as per the Sale Deed dated 14.07.97, vide Order dated 11.09.2004, has decided the matter by dividing the suit land between the petitioner and the respondent. The Panchayat has drawn the boundary of the land between the parties by giving greater portion of the suit land to the petitioner.