KSHETRIMAYUM IBOHAL SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) By this writ petition, the petitioners are assailing the judgment and order of the learned Civil Judge (Sr. Division-II), Manipur East dated 31.5.2004 passed in Execution Case No. 1/83/9/1983. This case has a very chequer history. The present writ petitioners and the proforma respondent No. 4 are the legal heirs of the deceased. Ksh. Tomba Singh, against whom late Ph. Ibomcha Singh filed O.S. No. 18 of 1960 for declaration of his title over the suit land and possession thereof by evicting late Ksh. Tomba Singh with the demolition of all the structures standing thereon and also for recovery of mesne profit from the date of the institution of the suit till its final adjudication and disposal, and also for declaration that the findings of the Munsif in in O.S. No. 75 of 1957 that the Registered Sale Deed dated 20.9.1955 is a forged one have no bearing on the present suit and no binding effect to the plaintiff (late Ph. Ibomcha Singh). The principal respondents 2 and 3 are the legal heirs of the plaintiff, i.e. late Ph. Ibomcha Singh. It would be very clear that the writ petitioners and late Ksh. Tomba Singh are successful in protracting the litigation for about 45 years and thereby successfully depriving the fruit of the decree to the principal respondents 2 and 3 for a number of decades by enjoying the monthly rents in several thousands of rupees from the persons allowed by them (writ petitioners and late Ksh. Tomba Singh) to reside in the suit land.

(2.) The said O.S. No. 18/60/42/70/44 of 1972 was dismissed by the trial court, i.e. erstwhile Sub-Judge No. 1, Manipur by passing judgment and decree dated 14.12.1973. A reference being Civil Reference No. 2 of 1974 was made before the Gauhati High Court, Imphal against the judgment and decree of the trial court dated 14.12.1973 as the incumbents of the Appellate Courts, i.e. the Court of District Judge, Manipur and Court of Addl. District Judge, Manipur in the year 1974 could not hear the Appeals. The Division Bench of this Court (Hon'ble Mr. Justice B.L. Hansaria and Hon'ble Mr. Justice T.C. Das) had finally heard the Civil Reference No. 2 of 1974 by converting into an Appeal and passed the final judgment and decree dated 22.9.1982 by setting aside the impugned judgment and decree dated 14.12.1973 thereby decreeing the O.S. No. 18/60/42/70/44 of 1972. Relevant portions of the decree dated 22.9.1982 passed in Civil Reference No. 2 of 1974 are quoted hereunder:

(3.) The principal respondents 2 and 3 are not yet enjoying the fruit of the decree dated 22.9.1982 because of the very calculated moves of late Ksh. Tomba Singh and the writ petitioners for protracting the execution proceedings. We may recall the observations of Justice A.P. Mishra in ShreeNath &Anr. Vs. Rajesh & Ors. (Civil Appeal against the Judgment and Order of the M.P. High Court in Civil Revision arising out of an Order passed in Execution Proceedings), reported in (1998) 4 SCC 543. Para-1 and 2 of the SCC in Shree Nath & Anr. -Vrs.- Rajesh & Ors. (Supra) are quoted as follows :