KA BINTI RUMNONG Vs. P S DKHAR

JUDGEMENT

(1.) This Revision petition has been preferred against the order of Mr. P.S. Dkhar, Assistani to Deputy Commissioner, Ri-Bhoi District Nongpoh by which the stay order dated 6.6.94 in Misc. Case No. 2/94 in Title Suit No. 1 of 1994 was vacated

(2.) The petitioner as plaintiff filed Title Suit No. 1 of 1994 along with an application for injunction for declaration of right of possession, permanent injunction and for cancellation of invalid sale deed and patta and by order dated 6.6.94 aad interim injunction was granted restraining the defendant or any other persons claiming through them or on their behalf from entering into, interfering with or doing anything with the suit land. The subject matter of the T.S. was that the plaintiff was rightful owner of the suit land which was situated ;at Jorhat Village, which she acquired, jointly with her husband (O.P. No.2) in 1959, during wedlock. The opposite party No. 4 being a non tribal, it is alleged, has no legal right to hold, acquire or own any landed property in the tribal area, without approval of the District Council and therefore petitioner who was his tribal wife, acquired the land jointly. That after, the birth of the son, Attorny, of the petitioner, the petitioner was deserted by the opposite party No. 4 and since then the land was looked after and managed by the petitioner and her son by constructing dwelling houses and possessing the same by her family cultivating and planting valuable fruits plants.

(3.) By order date:d 25.8.94 trial court, after hearing the parties vacated the injunction order. Coptics of this order was sent by the court including the officer-in-charge, Khanarpara P.S. "for information and necessary action." Opposite party No.2 H.B. Phanbuh aided by the Opposite Party No. 3 and 4 along with a number of policeman came to the suit land on 30.8.94 and forcibly entered the dweling house of the petitioner's son and without any warrant/order issued by a competent court. Despite protest by the petitioner's son the said opposite parties assaulted physically her son, smashed household articles and drove out the inmates of the house and evicted them from the suit land. Petitioner's son was arrested on charge of obstruction and physical restraint to public servant i.e. P.W.2 officer-in-charge of Khanapara Police Station. Petitioner's son was produced in court on 30.8.94. Next day petitioner's son was produced before the court and the learned Magistrate found him in a bad physical state and ordered for treatment and hospitalisation and on the Medical Report petitioner's son was sent by the Magistrate for X-Ray at Shillong. Thereafter petitioner's son was granted bail.