JONJALI SANGAMA Vs. PROTILIA SANGMA

JUDGEMENT

(1.) This Civil Revision has been filed against the decision of the Judicial Officer and Magistrate First Class, Garo Hills District Council, Tura, dated 22.11.83 in Review Petition No. 11 of 1982 allowing the review application filed by the respondents Prothilla Sangma, Opp. party No. 1 and Chamberline Marak, Opp. party No. 2 in Misc Appeal No. 1 of 1982.

(2.) We have heard Mr. S.R. Sen, learned counsel appearing on behalf of the petitioners at some length. We may, however note that nobody appeared on behalf of the Opp. Party.

(3.) For the purpose of adjudication of the controversy raised in the present review petition, the relevant facts may be noted. Case No. 10 of 1975 was filed by Smti. Prothilla Sangma. Opp. party No. 1, her husband Shri Chamberline Marak, Opp-party No.2, before the Machangnani Village Court. After hearing the parties, the court came to the conclusion that the Opp. parties who had filed the suit, had no legal right and thus the suit was dismissed by the village Court. The Opp. parties thereafter, preferred an appeal before the Sub-ondinate District Council Court which passed an order on 20.11.81 in favour of the Opp. parties holding that Opp. party No.l being the adopted daughter, would be entitled to inherit the property and that the sale of the suit land made by the defendant No. 1 in favour of defendant No. 2 was invalid and further ordered that there would be cancellation of the Sale Deed.