LHOUGEVOLIE USOU Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. T. Khezhie, learned counsel for the petitioner. Also heard Mr. E. Thiba Phom, learned Government Advocate for the State respondent Nos. 1, 2 and 3 and Ms. Khriekethonuo, learned counsel for the respondent no. 4.

(2.) This Civil Revision petition has been filed under Article 227 of the Indian Constitution read with Rule 32 of the Rules for Administration of Justice (for short Rules) and Police in Nagaland, 1937 and Sec. 115 of CPC assailing the impugned judgment and order dtd. 22/10/2021 passed by the Dobashi Court (DBs in short), Chiephobozou, Kohima in Pol Case No. 01/2021 and paragraph 4 of the order dtd. 9/10/2019 passed by the Nerhema Village Council, Kohima.

(3.) The case of the petitioner in brief is that there was a partition of an ancestral clan'sproperty between the family of the petitioner and the private respondent No.4. The said property is located at Tephrieba under Nerhema Village, Kohima. The members of the family unanimously agreed the said partition/division of the clan's property. Accordingly, the partition agreement was reduced into writing on 29/11/2002 (Annexure-3). As per the said agreement, amongst other, it was decided that the upper portion of the landed property between the Bawe road till the road leading to the bungalow shall be given to Neizelhou, who was the father of the petitioner. The agreement further expressly provided that "in order to avoid any dispute, the elders in the clan has appended their signature", accordingly, the elders of the clan had put their signatures in the agreement.